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MANOJIT MANDAL, SAMIKSHA BHATTACHARYA, SHYAMAL KUMAR GHOSH
Bhagirathi Basu – Appellant
Versus
Shibani Roy Chowdhury – Respondent


Counsel for the Parties:
For the Appellant:Ms. Olivia Mukherjee, Mr. Amarnath Sanyal and Kushal Lahiri, Advocates
For the Respondents: None appears

ORDER

Samiksha Bhattacharya, Member—The instant Appeal has been directed by the appellant/complainant challenging the order dated 30.06.2015 passed by Ld. District Commission (North 24 Parganas) in Complaint case being No. CC/71/2015.

2. Brief facts of the case in brief are that, the appellant/complainant, (hereinafter referred to as ‘complainant’) intended to purchase one flat of “Balaka Apartment” and accordingly tripartite agreement for sale with the landlady i.e., Respondent No. 3/OP No. 3 (hereinafter referred to as ‘OP No. 3’) and the developer/partner of M/s. Shivam Constructions, namely, Alok Roy Chowdhury was executed on 01.06.2012. The agreement has been executed between them to sell all that one self-contained flat measuring more or less 750 sq. ft. (approx.) including 25% super built up area be the same more or less on the south-east side, first floor, being Flat No. B within the scheduled property as mentioned in the petition of complaint. The consideration of the flat was fixed at Rs.20,00,000/- out of which the complainant has paid part by part through different bank transactions and also some amount by cash payment being total amount is of Rs.13,80,000/- + Rs.50,000

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