127.08.2018 Court No. 14 Item No. SL - 35 snandy (DISMISSED) CAN 10288 of 2016 WP 1801 (W) of 2015 Ranajit Kumar Mitra The State of West Bengal & Ors.
Mr. Chandra Bhanu Sinha, Advocate Mr. Rohit Kumar Shaw, Advocate Mrs. Kahal Chattopadhyay, Advocate for the Petitioner Mr. Moloy Roy, Advocate Mr. Raja Saha, Advocate for the State Mr. Hiranmoy Bhattacharya, Advocate Mr. Tanmoy Chowdhury, Advocate for the proposed added parties The writ-petitioner submits that he has made full payment for a flat unit in a Housing Cooperative Society called Jadavpur Land and Housing Society Limited. The payment according to the writ-petitioner in full of Rupees twenty-three thousand and odd was made in the year 1989.
The writ-petitioner further submits that despite payment, he has not been given possession of the said flat unit and the same has been allotted to a third party. He also submits that he has been successful in initiating a proceeding against the society before the Consumer Forum under the Consumer Protection Act, 1986.
The remedy of the petitioner is available before the Consumer Forum under the Consumer Protection Act, 1986 subject to its provisions of limitation.
The writ-petition being WP 1801 (W) of 2015 is, therefore, dismissed.
Since the respondents have not used any affidavit to the writ-application, the allegations contained therein shall not be deemed to have been a admitted by them.
CAN 10288 of 2016 This is an application for addition of parties.
In view of the order passed hereinabove, the application being CAN 10288 of 2016 has become infructuous and the same is hereby dismissed.
2Urgent Photostat Certified copy of this order be given to the parties, if applied for, upon compliance of necessary formalities.
(Rajasekhar Mantha, J.)