SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 231 OF 2021
 
(Against the Order dated 01/10/2019 in Complaint No. 9/2018 of the State Commission West Bengal)
1. GAUTAM AGARWALA
S/O LATE SHRI AJEYA KUMAR AGARWALA, R/O FLOAT NO.1C,(FRONT BLOCK)MANGALAM APARTMENTS, FIRST FLOOR, 33, RAJA SANTOSH ROAD, KOLKATA-700027
...........Appellant(s)
Versus 
1. UTTAM KUMAR CHATTERJEE & 4 ORS.
S/O LATE SHRI CHANDRA NARAYAN CHATTERJEE, R/O FLAT NO. 4B,(FRONT BLOCK),MANGALAM APARTMENTS, 33, RAJA SANTOSH ROAD, KOLKATA-700027
2. .
.
3. MRS.ANANDITA CHATTERJEE
W/O MR.UTTAM KUMAR CHATTERJEE, R/O FLAT NO.4B (FRONT BLOCK) MANGALAM APARTMENTS, 33,RAJA SANTOSH ROAD, KOLKATA-700027
4. JAYSHREE TEA & INDUSTRIES LTD.
INDUSTRY HOUSE, 10, CAMAC STREET, KOLKATA-700017
5. ALLPORE MANGALAM RESIDENT WELFARE ASSOCIATION
THROUGH ITS SECRETARY-MR.R.K.GANERIWALA, FRONT BLOCK, MANGALAM APARTMENTS, 33,RAJA SANTOSH ROAD, KOLKATA-700027
6. KOLKATA MUNICIPAL CORPORATION
5, S.N.BANERJEE ROAD,ESPLANADE DHARMATALA, TALKALA,KOLKATA, W.BENGAL-700013
...........Respondent(s)

BEFORE: 
 HON'BLE MR. C. VISWANATH,PRESIDING MEMBER
 HON'BLE MR. JUSTICE RAM SURAT RAM MAURYA,MEMBER

For the Appellant :
Mr. Manish Kohli, Advocate
: Mr. R.M. Asif, Advocate
For the Respondent :
For Respondents-1 to 4 : Ex-parte vide order dated 10.11.2022
For Respondent-5 : Mr. Kunal Chatterji, Advocate

Dated : 15 Nov 2022
ORDER

1.      Heard Mr. Manish Kohli, Advocate, for the appellant and Mr. Kunal Chatterji, Advocate, for respondent-5.

2.      Gautam Agarwala, an owner of Flat No.1-C, Front Block, Mangalam Apartments, has filed above appeal from the order of State Consumer Disputes Redressal Commission, West Bengal, Kolkata, dated 01.10.2019, passed in CC/9/2018 Mr. Uttam Kumar Chatterjee and another Vs. Jayshree Tea & Industries Ltd. and others.

3.      The office has reported that the appeal has been filed with delay of 504 days. The appellant has filed IA/2701/2021 for condonation of delay in filing the appeal. The appellant has stated that he was not arrayed as the party in CC/9/2018 and had no notice of it. On 14.10.2020, the police authorities forced the wife of the appellant to remove the appellant’s car, parked at parking slot i.e. at the north-east corner of the front block of the building Mangalam Apartments. On questioning, the police authorities informed that they were implementing the order of State Consumer Disputes Redressal Commission, West Bengal, Kolkata, dated 29.09.2020, passed in IA/315/2020 filed in EA/165/2019. Under legal advice, the appellant filed Writ Petition No.9485 of 2020, for mandamus and quashing entire proceeding of EA/165/2019 before Kolkata High Court on 19.11.2020, which was dismissed as infructuous on 24.12.2020. Then the appellant was advised to file an appeal against order dated 01.10.2019, passed in CC/9/2018. Then the appellant applied on 10.02.2021, for issue of certified copy of the order dated 01.10.2019, which was issued to him on 19.02.2021. Then the appeal was drafted and filed on 18.03.2021. The appellant had no notice of CC/9/2018. It is only on 14.10.2020, the appellant came to know about the order dated 01.10.2019. At that time Supreme Court has waived the limitation in Suo Moto Writ Petition No.3 of 2020, due to pandemic in country, which was continuing till the date of filing of the appeal. Causes shown are sufficient. Delay in filing the appeal is condoned.   

4.      Mr. Uttam Kumar Chatterjee and Mrs. Anindita Chatterjee (respondents-1 and 2) filed CC/9/2018, for directing Jayshree Tea & Industries Ltd. and Alipore Mangalam Resident Welfare Association (respondents-3 and 4) (i) to issue specific allotment letter in respect of covered car parking space and ensure free ingress and egress of his car to that place, (ii) to issue “completion certificate” of the building, (iii) to Issue receipts of maintenance charges in every month, (iv) to issue all audited reports of the accoun

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top