w w w . L a w y e r S e r v i c e s . i n



Shibani Saha & Another v/s Subhasish Ghosh & Others


Company & Directors' Information:- SAHA (INDIA) PRIVATE LIMITED [Strike Off] CIN = U67120KA1991PTC012267

Company & Directors' Information:- N R GHOSH & CO PVT LTD [Strike Off] CIN = U52400WB1938PTC009511

Company & Directors' Information:- S K GHOSH PVT LTD [Active] CIN = U51909WB1945PTC010956

Company & Directors' Information:- A K GHOSH PVT LTD [Strike Off] CIN = U51909WB1960PTC024523

Company & Directors' Information:- C C SAHA LTD [Active] CIN = U36920WB1933PLC007695

Company & Directors' Information:- A R GHOSH PVT LTD [Strike Off] CIN = U25209WB1987PTC042917

Company & Directors' Information:- A GHOSH & CO PVT LTD [Active] CIN = U74210WB1949PTC018128

Company & Directors' Information:- B N SAHA CO PVT LTD [Strike Off] CIN = U12000WB1938PTC009498

Company & Directors' Information:- K C GHOSH & CO PVT LTD [Strike Off] CIN = U74210WB1934PTC008006

Company & Directors' Information:- A N GHOSH PVT LTD [Strike Off] CIN = U45201WB1948PTC016772

    First Appeal No. A/714/2018

    Decided On, 18 September 2019

    At, West Bengal State Consumer Disputes Redressal Commission Kolkata

    By, THE HONOURABLE MR. JUSTICE ISHAN CHANDRA DAS
    By, PRESIDENT
    By, THE HONOURABLE MRS. SAMIKSHA BHATTACHARYA
    By, MEMBER & THE HONOURABLE MR. SHYAMAL KUMAR GHOSH
    By, MEMBER

    For the Appellant: Debnath Saha, Advocate. For the Respondent: None appears.



Judgment Text

Shyamal Kumar Ghosh, Member

The instant appeal under section 15 of the C.P. Act, 1986 has been directed against the Final order / Judgment dated 25/06/2018 passed by the Ld. DCDRF, Kolkata, Unit – lll (South), in CC case no – CC/59/2018 wherein the Forum concerned while disposing of the said consumer case dismissed the same ex parte without any order as to cost and being aggrieved by such order, the present appeal has been preferred by the appellants / complainants.

The brief fact of the case is that the op 1 becomes a developer whereas ops 2 and 3 become owners of the schedule property measuring area 2 cottahs 9 chittacks 23 square feet. Pankajini Mazumder died intestate in the year 1988 leaving behind one son namely Narayan Mazumder and two daughters namely Reba Mazumder and Rita Chakraborty as her legal heirs and successors to the aforesaid schedule property. After death of Pankajini Mazumder, her legal heirs inherited the aforesaid property in 1/3rd share each. The ops 2 and 3 entered into an agreement for development with the op 1 developer on 01/09/2001 wherein the op 1 developer agreed to raise a construction thereon under certain terms and conditions. Ops 2 and 3 also executed a General Power of Attorney and nominated the op 1 developer as an attorney. Chandi Das Saha since deceased decided to purchase the entire second floor from the ops at a total consideration amount of Rs 800000/- Only. In terms of the agreement for sale dated November 2004 Chandi Das Saha paid the entire consideration money of Rs 800000/- to the op 1 and to that effect op 1 issued some money receipts. Op 1 delivered the possession of the flat to the complainants on 04/09/2006. During his life time Chandi Das Saha requested the ops on several occasions to execute and register the deed of conveyance in his favour. But they have deliberately failed and neglected to perform their duties. Thereafter, Mr Das Saha died on 02/07/2016 living behind the complainants in the instant case as legal heirs. They also requested the ops for execution and registration of the deed of conveyance, even they have sent a legal notice to the ops requesting for providing proper service as per terms and conditions of the agreement. But they have failed to comply the same and the complainant knocked at the door of the DCDRF for getting proper relief as prayed against the ops.

The notices were served upon the ops but they did not turn up so that the case proceeded ex parte against the ops.

In course of hearing Ld. Counsel appearing for the appellants/complainants drew our attention to the observation of Ld. Forum and pointed out that the Ld. Forum concerned completely ignored and overlooked the materials and documents on record while passing the impugned order dated 25/06/2018. The Ld. Counsel also submitted that there is a technical defect in the cause title of the petition of complaint in C.C.s case no – 59/2018, as the name of Sri Narayan Mazumder has not been incorporated as a necessary party. So the said petition suffers from defect of non- joinder of necessary party and the Ld. Counsel further prayed for remand to the Ld. Trial Forum after passing necessary order for incorporation of Sri Narayan mazumder as a necessary party.

We have heard Ld. Counsel for the appellants and have also carefully gone through materials on record.

It is an admitted fact that Pankajini Mazumder died intestate long back and after her demise, her one son namely Narayan Mazumder and two daughters namely Reba Mazumder and Rita Chakraborty as her legal heirs and successors inherited the aforementioned property in 1/3 rd share each which is clearly revealed from the Agreement dated 31/08/2001, General Power of Attorney dated 31/08/2001, Agreement for Sale dated 21/08/2002 and Agreement for Sale executed in the month of November 2004. All documents clearly speak for as an owner of 1/3 rd share Sri Narayan Mazumder has been enjoying North-East side of the plot of land separately and jointly Reba Mazumder and Rita Chakraborty have been enjoying 2/3 rd share of the said plot and as such aforementioned sale of agreement for the month of November 2004 does not bear any signature of Narayan Mazumder.

Under such circumstances, there is no hesitation to hold that for settlement all questions involved in the CC case being no – 59/2018, the presence of Sri Narayan Mazumder is necessary and to that effect his name shall be incorporated in the cause title of said consumer case as a necessary party.

Keeping in view of the above observations and also for finality of litigation, we allow the instant appeal and set aside the order impugned dated 25/06/2018 passed by Ld. DCDRF.

The complainants/appellants are directed to incorporate Sri Narayan Mazumder as a necessary party in CC case no – CC/59/2018 as his presence is highly required for settlement of disputes between the par

Please Login To View The Full Judgment!

ties and to that effect the matter is remanded back to the Ld. Trial Forum. The Ld Trial Forum is requested to hear the matter afresh after incorporation of Sri Narayan Mazumder as a necessary party and to dispose of the matter after serving the notice upon him. Parties are directed to appear before the Ld. Trial Forum on 06.11.2019 and on such date the complainants / appellants are directed to take proper steps in respect of incorporation of necessary party. The appeal stands disposed of as per above observations.
O R







Judgements of Similar Parties

01-10-2020 Sayyad Shabbir Sheikh @ Sayyad Shabbir Saha Versus State of Maharashtra High Court of Judicature at Bombay
01-10-2020 Sayyad Shabbir Sheikh @ Sayyad Shabbir Saha Versus State of Maharashtra High Court of Judicature at Bombay
28-09-2020 Emirates Airlines Versus Srikanta Saha & Others National Consumer Disputes Redressal Commission NCDRC
03-09-2020 State of West Bengal & Others Versus Anirban Ghosh & Others High Court of Judicature at Calcutta
03-07-2020 Manoj Kumar Saha @ Manoj Kumar Sah Versus State of Bihar through the Principal Secretary, Prohibition, Excise & Registration Department, Govt. of Bihar, Patna & Others High Court of Judicature at Patna
13-05-2020 Swapan Kumar Saha Versus Bangiya Gramin Vikash Bank & Others High Court of Judicature at Calcutta
16-04-2020 Banashree Neogi & Another Versus Soma Ghosh & Others High Court of Judicature at Calcutta
18-03-2020 Pushpak Infrastructure Pvt. Ltd. Versus Goutam Saha & Others National Consumer Disputes Redressal Commission NCDRC
11-03-2020 Bidyut Kumar Saha Versus Tapa Saha High Court of Tripura
02-03-2020 M/s. Appease Apartment & Others Versus Sudip Narayan Ghosh & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
28-02-2020 Superintendent, Seth Sukhlal Karnani Memorial Hospital Versus Balaka Ghosh & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
25-02-2020 Jayanta Ghosh & Others Versus Ajit Ghosh High Court of Judicature at Calcutta
25-02-2020 M/s. Tridev Express Cargo Versus IPSITA Saha National Consumer Disputes Redressal Commission NCDRC
25-02-2020 M/s. Tridev Express Cargo, West Bengal Versus IPSITA Saha, West Bengal National Consumer Disputes Redressal Commission NCDRC
25-02-2020 Neeta Saha, Member of Suspended Board of Palm Developers Pvt. Ltd., U.P. Versus Ram Niwas Gupta (Proprietor of Ram Niwas Gupta & sons), New Delhi & Others National Company Law Appellate Tribunal
21-02-2020 Anita Ghosh Chowdhury Versus Securities & Exchange Board of India SEBI Bhavan SEBI Securities amp Exchange Board of India Securities Appellate Tribunal
20-02-2020 Kaushik Saha Versus The Genaral Manager, SBI & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
19-02-2020 Kalipada Ghosh Versus Krishnapada Ghosh & Others High Court of Tripura
14-02-2020 Subhash @ Subash Deb Nath Versus On Death of Bishnupada Saha His Legal Heirs - Archana Saha & Others High Court of Gauhati
13-02-2020 Dr. Monidipa Ghosh Versus M/s. Rosni Enterprises Rep. by sole prop., Prabuddha Bhattacharyya & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
12-02-2020 Soumen Ghosh & Another Versus Dr. Moumita Roy Chowdhury & Another Tripura State Consumer Disputes Redressal Commission Agartala
10-02-2020 Lipika Dey (Saha) Versus Babul Kumar Saha High Court of Tripura
07-02-2020 Bijali Saha & Another Versus Riman Saha High Court of Tripura
03-02-2020 Debasish Saha Versus Godrej Properties Limited National Consumer Disputes Redressal Commission NCDRC
28-01-2020 Mohit Lal Ghosh Versus The State of West Bengal & Others High Court of Judicature at Calcutta
27-01-2020 Krishna Pada Poddar Versus ABS Land Development and Construction Ltd., Rep. by its Managing Director, Tapan Ghosh West Bengal State Consumer Disputes Redressal Commission Kolkata
24-01-2020 Kalyani Saha & Another Versus M/s. Chowdhury Projects Pvt. Ltd. & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
22-01-2020 Bharati Ghosh Versus M/s. Rajib Home Solutions Rep. by its prop., Rajib Das West Bengal State Consumer Disputes Redressal Commission Kolkata
22-01-2020 Bhaskar Ghosh Versus The State of West Bengal & Others High Court of Judicature at Calcutta
21-01-2020 Dipak Kumar Ghosh Versus Sudip Ghosh & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
20-01-2020 Pankaj Behari Saha V/S The State of Tripura, Represented by the Chief Secretary, Government of Tripura & Others High Court of Tripura
18-01-2020 Amrita Sarkar (Ghosh) & Another Versus United Bank of India & Another Tripura State Consumer Disputes Redressal Commission Agartala
17-01-2020 Monotosh Saha Versus Sanjit Thakurata & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
17-01-2020 Soumen Ghosh & Another Versus Kakali Ghosh High Court of Judicature at Calcutta
15-01-2020 Bibhas Saha & Others Versus State of West Bengal & Others High Court of Judicature at Calcutta
14-01-2020 Amal Ghosh Versus State of West Bengal High Court of Judicature at Calcutta
14-01-2020 Ananta Alias Ajay Ghosh Versus Suvajit Ghosh & Another High Court of Judicature at Calcutta
09-01-2020 Arunava Ghosh Versus Speaker, West Bengal Legislative Assembly & Others High Court of Judicature at Calcutta
09-01-2020 Pradip Ghosh Versus Sampa Ghosh & Another High Court of Judicature at Calcutta
03-01-2020 Debasish Saha & Others Versus Godrej Properties Limited & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
03-01-2020 Tapas Kumar Dutta Versus Piyali Dutta @ Ghosh High Court of Judicature at Calcutta
24-12-2019 Latika Ghosh Versus State of West Bengal & Others High Court of Judicature at Calcutta
13-12-2019 Ashim Kr. Ghosh & Another Versus Dinesh Kr. Das & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
03-12-2019 Swapan Kumar Ghosh Versus M/s. New Maatara Construction & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
25-11-2019 The Manager (Administration and Personnel) Footwear Design and Development Institute Ministry of Commerce and Industry Government of India, Uttar Pradesh & Another Versus Dr. Kaushik Ghosh High Court of Judicature at Madras
22-11-2019 Santi Swaasthalaya & Anusandhan Kendra Pvt. Ltd. Versus Iti Saha & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
20-11-2019 Pappu Ghosh @ Samipon Ghosh Versus Tapas Kumar Sen West Bengal State Consumer Disputes Redressal Commission Kolkata
15-11-2019 Debdas Saha Versus The State of West Bengal & Others High Court of Judicature at Calcutta
07-11-2019 Sanjay Kumar Saha Versus UCO Bank & Others High Court of Judicature at Calcutta
07-11-2019 Kamal Ranjan Ghosh Versus Union of India, Represented by the Secretary, Co-operation & Farmer's Welfare, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
25-10-2019 Mano Ranjan Ghosh (Expired) & Others Versus Dr. A. H. Lama & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
25-10-2019 Jyoti Prakash Ganguly Versus Samrat Ghosh & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
23-10-2019 Abhijeet Ghosh Versus State of NCT Delhi High Court of Delhi
01-10-2019 Sabyasachi Ghosh Versus Pushparani Das High Court of Judicature at Calcutta
30-09-2019 Goutam Saha Versus Sona Halder & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
24-09-2019 Debabrata Ghosh Versus Sibasish Nag & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
20-09-2019 Gouri Saha Versus Amarendra Nath Das & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
13-09-2019 Pradip Kumar Ghosh & Another Versus The State of West Bengal & Others High Court of Judicature at Calcutta
06-09-2019 Sudip Ghosh & Others Versus Arup Sarkar & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
28-08-2019 M/s. Aridipa Enterprise Rep. by its partner, Soma Basu Versus Partha Saha & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
27-08-2019 The In-charge, H.R. & E.R., Oil & Natural Gas Corporation Ltd., Tripura Asset, Agartala Versus Bibha Rani Ghosh & Others High Court of Tripura
21-08-2019 M/s. Bose Enterprise Rep. by Rana Basu & Another Versus Chayanika Saha & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
14-08-2019 Jagannath Saha @ Rinku Versus The State of West Bengal High Court of Judicature at Calcutta
13-08-2019 Bikash Kr. Saha Versus The Branch Manager, Muragachha, Dharmada CCC West Bengal State Consumer Disputes Redressal Commission Kolkata
09-08-2019 Sukanta Saha Versus State of West Bengal & Others High Court of Judicature at Calcutta
05-08-2019 Manab Mallick Versus Narayan Ghosh & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
30-07-2019 Jabbar Ghosh & Another Versus The State of West Bengal High Court of Judicature at Calcutta
30-07-2019 Kishori Mohan Sinha alias Singha Versus Kumaresh Saha & Others High Court of Judicature at Calcutta
29-07-2019 Rathin Ghosh Versus West Bengal State Electricity Distribution Company Ltd. & Others Supreme Court of India
24-07-2019 Swapan Majumdar Versus Sri Sri Rameshwar Shiv Thakur, since deceased, Represented by Shyama Rani Ghosh & Others High Court of Judicature at Calcutta
24-07-2019 Debabrata Dutta Versus Joy Gopal Saha & Others High Court of Judicature at Calcutta
23-07-2019 Abir Saha & Others Versus The State of West Bengal & Another High Court of Judicature at Calcutta
17-07-2019 Shanti Lata Ghosh & Another Versus M/s. Diaya Entrepreneur & Others & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
16-07-2019 Gouri Saha Versus Amarendra Nath Das & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
11-07-2019 Mono @ Manohar Ghosh Versus State of West Bengal & Another High Court of Judicature at Calcutta
10-07-2019 M/s. Sony India through its Authorised Ms. Meena Bose Versus Kamal Ghosh West Bengal State Consumer Disputes Redressal Commission Kolkata
05-07-2019 Kabita Saha & Others Versus The State of West Bengal & Others High Court of Judicature at Calcutta
05-07-2019 Make My Trip (India) Pvt. Ltd. Versus Manabendra Saha Roy National Consumer Disputes Redressal Commission NCDRC
04-07-2019 Anirban Ghosh & Another Versus State of West Bengal & Others High Court of Judicature at Calcutta
04-07-2019 Pulak Kumar Ghosh & Another Versus Siddhertha Chowdhury & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
01-07-2019 Ranjit Kumar Sarkar Versus Pew Saha & Others National Consumer Disputes Redressal Commission NCDRC
01-07-2019 Union of India, Represented By The Secretary, Ministry of Home Affairs & Others Versus Ranjit Kumar Saha & Another Supreme Court of India
17-06-2019 Sujit Ghosh Versus The State of West Bengal High Court of Judicature at Calcutta
03-06-2019 Dr. Sanjukta Sarkar (Biswas) & Another Versus Partha Ghosh Dastidar West Bengal State Consumer Disputes Redressal Commission Kolkata
31-05-2019 Sribash Chandra Saha & Others Versus Rubber Board & Others High Court of Tripura
29-05-2019 Sushmita Saha Versus M/s. Amarpali Property Construction & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
29-05-2019 Nandini Bala Saha Versus Dr. M. Pramanik & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
23-05-2019 Sanjukta Saha & Others Versus Chandana Saha & Others High Court of Judicature at Calcutta
17-05-2019 Tapan Kumar Saha Versus State of Jharkhand High Court of Jharkhand
07-05-2019 Tamal Ghosh & Another Versus Ashoke Kumar Biswas National Consumer Disputes Redressal Commission NCDRC
29-04-2019 Shree Shew Prokash Saha Versus M/s. DLF Ltd. West Bengal State Consumer Disputes Redressal Commission Kolkata
26-04-2019 Bhaktipada Ghosh & Others Versus Jagannath Ghosh Alias Mondal & Others High Court of Judicature at Calcutta
26-04-2019 Ashis Chakraborty Versus Pratima Ghosh High Court of Judicature at Calcutta
26-04-2019 Prof. Dipak Chandra Ghosh Versus Dr. Srabani (Ghosh) Zoha. (Consultant Dermatologist) & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
25-04-2019 Subal Chandra Ghosh Versus The State of Tripura & Another High Court of Tripura
25-04-2019 M/s. Kamala Construction Pvt. Ltd. Versus Soumen Saha West Bengal State Consumer Disputes Redressal Commission Kolkata
24-04-2019 Dilip Agarwala @ Dilip Kumar Agarwala Versus Subrata Ghosh High Court of Judicature at Calcutta
17-04-2019 Monjur Alam Mallick Versus Rajib Saha High Court of Judicature at Calcutta
10-04-2019 Palash Ghosh Versus State of Tripura High Court of Tripura
10-04-2019 Sibani Ghosh Versus State of West Bengal & Others High Court of Judicature at Calcutta