Wednesday, October 16, 2024

Consumer application before the State Consumer Disputes Redressal Commission

 

District : South 24 Parganas.

 

Before the Hon’ble State Consumer Disputes Redressal Commission, West Bengal, at Premises being no. 11 A, Mirza Ghalib Street,
Kolkata-700087.

 

 

                                                Complaint Case no. _______of 2014.     

                       

                                                In the matter of :

                                               

An application under Section 17 of the Consumer Protection Act’ 1986, and rules made there under;

 

A N D

 

In the matter of :

 

Shri Balai Mitra, Son of Late Nilmoni Mitra, residing at Village – Kamrabad, Post Office & Police Station – Sonarpur, Kolkata – 700 150, District – South 24 Parganas

                        ______Petitioner / Complainant.

 

-       Versus –

 

1.   M/s. Tara Maa Constructions, a Proprietorship Firm, having it’s office at Village – Kamrabad, Ahutitala, Post Office and Police Station – Sonarpur, Kolkata – 700 150, District – South 24 Parganas.

 

2.   Shri Samar Naskar, Son of Shri Bihari Lal Naskar, Proprietor of M/s. Tara Maa Construction, residing at  Village – Kamrabad, Ahutitala, Post Office and Police Station – Sonarpur, Kolkata – 700 150, District – South 24 Parganas.

___________Respondents / Opposite Parties.

 

The humble petition of the above named petitioner / Complainant Shri Balai Mitra, most respectfully;

 

Sheweth as under :

 

1.    That the Petitioner / Complainant is a Citizen of India, residing presently at the address as given in the cause title of this application under Section 17 of the Consumer Protection Act’ 1986, and rules made there under, and whereas the petitioner / complainant is a permanent resident at Village – Kamrabad, Post Office & Police Station – Sonarpur, Kolkata – 700 150, District – South 24 Parganas.

 

2.    That M/s. Tara Maa Constructions having it’s Office at Village – Kamrabad, Ahutitala, Post Office and Police Station – Sonarpur, Kolkata – 700 150, District – South 24 Parganas, represented by it’s Proprietor Shri Samar Naskar, Son of Shri Bihari Lal Naskar, Proprietor of M/s. Tara Maa Construction, residing at  Village – Kamrabad, Ahutitala, Post Office and Police Station – Sonarpur, Kolkata – 700 150, District – South 24 Parganas, is a Developer / Promoter, who engaged in a construction work of building structures and related works thereof.

 

3.    That your petitioner along with the other co-sharer is an owner in respect of Bastu Land measuring about 4(Four) Kathas, 15 ( fifteen) Chittacks, more or less, situated and lying at Mouza – Kamrabad, J.L. no. 41, comprising in R.S. Khatian no. 722, L.R. Khatian no. 3793, R.S. Dag no. 5375, L.R. Dag no. 5380, Post Office & Police Station – Sonarpur, District – South 24 Parganas, AND Bastu Land measuring about 1 ( one ) Chittak, more or less, situated and lying at Mouza – Kamrabad, J.L. no. 41, comprising in R.S. Dag no. 3378, L.R. Dag no. 5383, together as in Holding no. 750 of the Rajpur Sonarpur Municipality, under Ward no. 9, Kolkata – 700 150, Post Office & Police Station – Sonarpur, District – South 24 Parganas, with the old structure thereon, herein referred to as “the Scheduled Property”.

 

4.    That your petitioner with the other co-sharer of the Scheduled property, entered into a Development Agreement, with M/s. Tara Maa Constructions having it’s Office at Village – Kamrabad, Ahutitala, Post Office and Police Station – Sonarpur, Kolkata – 700 150, District – South 24 Parganas, represented by it’s Proprietor Shri Samar Naskar, Son of Shri Bihari Lal Naskar, Proprietor of M/s. Tara Maa Constructions, residing at  Village – Kamrabad, Ahutitala, Post Office and Police Station – Sonarpur, Kolkata – 700 150, District – South 24 Parganas, is a Developer / Promoter, who engaged in a construction work of building structures and related works thereof, vide Development Agreement dated 26th September’ 2011, which has been duly attested by the Notary Public as on 30th day of September’ 2011, for the construction of multi storied building thereon after demolition of old structure, with specified terms and conditions between the parties, as enshrined in the Development Agreement dated 26th day of September’ 2011.

 

5.    That the Opposite Parties entered into a Development Agreement with your petitioner and his co-sharer as on 26th day of September’ 2011, and subsequently an Agreement dated 27th day of September’ 2011, in consequences to such Development Agreement dated 26th day of September’ 2011, wherein the Opposite Parties as a developer agreed to develop the schedule property of the Owners, and specified the schedule as given and or handed over to the Owners in particularly to your petitioner, as shown in the said agreement dated 27th day of September’ 2011.

 

6.    That in the Agreement dated 26th day of September’ 2011, the Opposite Parties have agreed to provide the Owners allocations as Owners’ allocation 38% on each floor of the sanctioned plan to the Owners and the money as emphasized in para no. 1.7, and 1.8, at page no. 4, as described in the Development Agreement dated 26th day of September’ 2011, and more particularly the specified schedule has been described in the Agreement dated 27th day of September’ 2011, which has been described as the Developer agreed to give Rs. 1,00,000/- ( Rs. One Lac ) only as forfeited money and a Flat measuring total 500 Sq. ft. ( including the Balai Mitra’s Proportionate Share ) and total 100 Sq. ft. Shop ( including the Balai Mitra’s Proportionate Share ), that means after taking the proportionate of Balai Mitra which is clearly mentioned in the Agreement dated 26-09-2011, further stated as the Developer will pay Rs. 1,00,000/- ( Rs. One Lac ) only, out of which Rs. 50,000/- ( Rupees Fifty Thousand ) only, at the time of the said Agreement and the rest amount of Rs. 50,000/- ( Rupees Fifty Thousand ) only, at his convenient time.

 

7.    That your petitioner states that the Opposite Party  has given a Cheque of Amounting of Rs. 50,000/- ( Rupees Fifty Thousand ) only, vide Cheque being no. 824928, dated 26-09-2011, drawn on Canara Bank, Sonarpur Branch, in favour of your petitioner, which has been deposited with the banker of your petitioner, within a period of validity of said cheque, though the said cheque has been dishonoured by the Banker of the developer, with remarks as “Funds insufficient”, and resulting which, your petitioner did not able to get any money and or value of the said cheque, and whereas such incident has been acknowledged by your petitioner to the Opposite Party / Developer, though the Opposite Party / Developer did not heed to make such payments to your petitioner, till date.

 

8.    That your petitioner states that the opposite party / developer have agreed in the Development Agreement dated 26th day of September’ 2011, as in para 1.11 – Completion of building will be within 2 years from the date of Sanction by Authority, in para 1.12 – The Developer will arrange the shifting for vacating the premises to Owners namely Mr. Balai Mitra, and Developer will pay the monthly rent of Rs. 1,200/- to the Two Owners namely Mr. Bakul Mitra, and Mr. Kanai Mitra, till the completion of the building, in para 5.7 – the Developer will pay the shifted cost in double. Owners also have to gain the shifted cost ( House Rent etc. ) in double, at that time, in para no. 10 – the Developer shall pay the money at the Market Price ( which must be decided by both the Parties, means Developer and Owners ) to the Owners as per their Proportionate Share if they want to sell their portion.

 

9.    That your petitioner states that a General Power of Attorney has been executed in favour of the opposite party / developer as such entrustment has been described in the development agreement dated 26th day of September’ 2011, and the said P.O.A. has been registered in Book no. IV, CD Volume no. 4, pages from 785 to 799, being no. 02110, for the year 2011, at A.D.S.R. Sonarpur, South 24 Parganas.

 

10. That your petitioner states that your petitioner and his other co-sharer, vacated the premises, and handed over to the opposite party / developer in the month of October’ 2011, though the opposite party / developer did not arrange any shift to your petitioner and did not arrange to make any payments towards rent of the tenanted premises, to your petitioner, since then till date.

 

11. That your petitioner states that the opposite party / developer, after demolition of the old structure yield the value of Sale proceeds though did not given any thing to the Owners of the Land.

 

12. That your petitioner states that the opposite party / developer did not arrange in any manner, whatsoever to construct proposed structure over the schedule property of the Owners, as agreed between the parties, and he even did not take any endavour to apply for sanction of building plan, with the concerned municipality, i.e. Rajpur Sonarpur Municipality.

 

13. That your petitioner states that the opposite party / developer after taking possession of the schedule property and all related documents in original thereto, seat idle, and did not act in accordance with the Agreement dated 26th day of September’ 2011, and 27th day of September’ 2011.

 

14. That your petitioner states that a considerable period has been elapsed / passed away, only due to purported acts and omissions of the opposite party / developer, and whereas on several occasions your petitioner visited the office of the opposite party / developer, asked and requested for the compliance in accordance with   the Agreement dated 26th day of September’ 2011, and 27th day of September’ 2011, and payments of money thereof and whereas on each and every occasions the opposite party / developer placed lame excuses and assure to comply shortly, though did not comply yet.

 

15. That your petitioner states that your petitioner suffer a lot and compelled to reside in a tenanted house, rented at Rs. 3,000/- per month, due to such deliberate in action and non compliance of the covenant of the said Development Agreement dated 26th and 27th day of September’ 2011, by the opposite party / developer.

 

16. That your petitioner states that your petitioner visited the opposite party / developer on several occasions, and whereas on all and every occasions he assured to act in accordance with said development agreement dated 26th and 27th day of September’ 2011, and will make the payment of the stated money as soon as possible, though nothing has ever been acted upon by him, in respect of delivery of owners allocation, and he take time day by day on the different pretext and others.

 

17. That your petitioner states that such purported acts of the opposite party / developer, are not in accordance with the said Development Agreement dated 26th & 27th day of September’ 2011, is an established act of deficiency in services, and causes of mental agony and harrashment, as well as loss of money of your petitioner, bearing rent for tenanted house and others.

 

18. That your petitioner states that However before taking shelter of Law, your petitioner seeks that the opposite party / developer should act in accordance with the said Development Agreement dated 26th & 27th day of September’ 2011, and to hand over the physical possession of the Owners allocation and to make the payments of money as enumerated in the Owners allocation, and or the money as of present market value, and for such reasons alone, your petitioner served one Legal Notice, through his Ld. Advocate, vide Notice being Ref. no. AKS / BM / 1879 / 13, dated 16-11-2013, through Speed Post, stating inter alia praying for compliance at an early date, preferably, within a period of fortnight from the date of receipt of such notice.

 

19. That your petitioner states that the Opposite party / developer received such notices, as served upon him by the Learned Advocate of your petitioner, as on 18-11-2013, as it’s appeared from the consignment tracking from the website of the India Post, though the opposite party / developer did not reply and or answer such notices of your petitioner, and did not endavour to comply in accordance with the Agreement.

 

20. That your petitioner states that the Developer ( i.e. the O. P. no. 1 & 2 ), did not hand over the Physical possession of the Owner’s allocation as agreed upon nor he did make any payments of money as agreed upon in the said Development Agreement dated 26th and 27th day of September’ 2011, to your petitioner.

 

21. That your petitioner states that as per the Development Agreement dated 26th and 27th day of September’ 2011, the Developer agreed to arrange the alternative accommodation of the Owner, and all costs to be born by the developer only, during the pendency of the proposed construction, though he did not comply with such terms of the agreement and thus did not arrange any alternate accommodation and did not pay any such costs to your petitioner.

 

22. That your petitioner states that the Developer agreed in the said Development Agreement dated 26th day of September’ 2011, that the Owner’s allocation to be delivered within 2 years from the day of Sanction of the building plan from Municipality, and entire building should be completed within such period though did not apply for the same and such period of 2 years has elapsed.

 

23. That your petitioner states that your petitioner suffer a lot and compelled to reside in a tenanted house, rented at Rs. 3,000/- per month, due to the Developer’s such deliberate purported in action and non compliance of the covenant of the said Development Agreement dated 26th day of September’ 2011.

 

 

24. That your petitioner states that your petitioner has arranged an alternate accommodation, since the Developer did not arrange the said alternate accommodation to your petitioner, and whereas in such a compelling circumstances, your petitioner has bound to take an alternate accommodation at premises as Village – Kamrabad, P.O. & P.S. – Sonarpur, District – South 24 Parganas, and continued to be at the temporary accommodation at the rent of Rs. 3,000/- ( Rupees Three Thousand ) only per month from the month of October’ 2011, to till date and continuing and whereas the developer did not pay any cost as the rent for such accommodation, which has been agreed upon in the Development Agreement dated 26th day of September’ 2011, as the Developer shall bear such costs as to rent for the alternate accommodation during this period and till the day of the delivery of the possession of the Owner’s allocation, to your petitioner, and thus for such purported acts of the developer, your petitioner till the month of December’ 2013, has born the rent as of Rs. 78,000/- ( Rupees Seventy Eight Thousand ) only, which your petitioner seeks to get from the Opposite Parties / Developer.

 

25. That your petitioner states that your petitioner is still suffering as such your petitioner is residing at the rented premises only due the developer undue endavour.

 

26. That your petitioner states that your petitioner is entitled to get the Owners allocation along with the other co-sharer of the Scheduled property, in accordance with the Development Agreement dated 27th day of September’ 2011, from the Developer.

 

27. That your petitioner states that your petitioner is a victim of the breach caused by the Developer and great looser as such your petitioner is still suffering since did not get anything as contained in terms of the Development Agreement dated 26th and 27th day of September’ 2011, from the Developer / Opposite Parties / Respondents, herein.

 

28. That the purported activities of the Respondents / Opposite Parties from the beginning of the agreement with them, they motivated, and intentionally cause the breach since the date of entrustment to them, as such they are not cause any delivery and making any payment as of the Owner’s allocation, to your petitioners till date.

 

29. That the purported activities of the Opposite Parties, which shows and established their deficiency in services in providing and entering into the agreement for development at some specific terms and conditions though willfully and deliberately failed to carry out the same and / or failed to provide the services as enumerated in the agreement for development dated 26th day of September’ 2011, and 27th day of September’ 2011.

 

30. That the Petitioner state and submits that the Petitioner solely seeks to get the delivery of possession and money as enumerated in the owner’s allocation, and costs for the alternate accommodation, by the Respondents / Opposite Parties in favour of your petitioner, in accordance with the Development Agreement dated 26th day of September’ 2011, and 27th day of September’ 2011.

 

31. That your petitioner states and submits that your petitioner ascertained the present market values of the owner’s allocation as described in the Agreement dated 27th day of September’ 2011, (i.e. a Flat measuring total 500 Sq. ft. ( including the Balai Mitra’s Proportionate Share ) and total 100 Sq. ft. Shop ( including the Balai Mitra’s Proportionate Share ), that means after taking the proportionate of Balai Mitra which is clearly mentioned in the Agreement dated 26-09-2011 ), are as of Rs. 80,00,000/- ( Rupees Eighty Lakhs ) only.

 

32. That your petitioner states and submits that in the event of alternate remedies in the facts and circumstances, the value of allocation of your petitioner as of Rs. 80,00,000/- ( Rupees Eighty Lakhs ) only, should be ascertained and in such event your petitioner seeks to get such amount from the opposite party / developer.

 

33. That the petitioner state and submits that the petitioner is a victim of the purported acts and deficiency in services  at the instances of the opposite parties and the acts of the opposite parties as well as the facts are well constitute the deficiency in services on the part of the opposite parties.

 

34. That the petitioner state and submits that the respondents shall also pay the compensation due to the complainant petitioner for the harassment, troubles, physical inconvenience and mental agony arising directly out of the breach of the agreement and breach of duty on the part of the respondents / opposite parties. The complainant / petitioner, assesses such loss and damages at Rs. 6,00,000/- ( Rupees Six lakhs ) only.

 

35. That the Petitioner states and submits that the purported activities of the respondents established deficiency in services, which is contrary to the Law.

 

36. That the applicant / Petitioner States and submits that from all of the statements made above, it is clear that the opposite parties are guilty of deficiency in service as meant in the Consumer Protection Act’ 1986.

 

37. That the Cause of action for the present proceeding arose as on 03-12-2011, due to non payment of money as of Rs. 50,000/- ( Rupees Fifty Thousand ) only, at the time of execution of the Development Agreement dated 26th day of September’ 2011, and due to non arrangement of alternate accommodation by the developer to your petitioner and non payment of the costs as to the rent for such alternate accommodation, and lastly on 18-11-2013, while the developer received the Letter dated 16th day of November’ 2013, while the developer again did not perform in accordance with the specified terms and conditions as enumerated in the Development Agreement dated 26th day of September’ 2011, and 27th day of September’ 2011, and thereafter day by day on failure and or breach of the terms of the said Development Agreement dated 26th day of September’ 2011, and 27th day of September’ 2011, by the Developer, and thereafter due to non – delivery of physical possession and payment of money in accordance with the Development Agreement dated 26th day of September’ 2011, and 27th day of September’ 2011, and thereafter adverse date and the same is continuing till date, and the respondents / opposite parties are residing and having office as given in the cause title of this application, which is within the jurisdiction of the Hon’ble Commission.

 

38.  That the present application / petition, valued as the Value of Goods and or services as of Rs. 80,00,000/- ( Rupees Eighty Lakhs ) only for the owner’s allocation as described in the Agreement dated 27th day of September’ 2011, (i.e. a Flat measuring total 500 Sq. ft. ( including the Balai Mitra’s Proportionate Share ) and total 100 Sq. ft. Shop ( including the Balai Mitra’s Proportionate Share ), that means after taking the proportionate of Balai Mitra which is clearly mentioned in the Agreement dated 26-09-2011 ), and Rs. 1,00,000/- ( Rupees One Lakh ) as of forfeited money, as per Agreement dated 27th day of September’ 2011, and Rs. 78,000/- ( Rupees Seventy Eight Thousand ) only, as the cost of the alternate accommodation, as described in the Development Agreement dated 26th day of September’ 2011, and Compensation of Rs. 6,00,000/- ( Rupees Six Lakhs ), as for the harassment, troubles, loss of money, physical inconvenience and mental agony, suffered by the petitioner from the purported activities and others by the opposite parties. Thus Rs. 87,78,000/- ( Rupees Eighty Seven Lakhs and Seventy Eight Thousand ) only, is a value of the present application / petition.

 

39. That the instant application / Petition, is within the pecuniary jurisdiction of this Hon’ble State Consumer Disputes Redressal Commission, West Bengal, at Premises being no. 11 A, Mirza Ghalib Street, Kolkata-700087.

 

40. That the present complaint is being filed within the period as prescribed under section 24 A, of the Consumer Protection Act.

 

41. That your petitioner enclosing herewith a copy of the Development Agreement dated 26th day of September’ 2011, General Power of Attorney, and 27th day of September’ 2011, collectively marked as Annexure – “A”.

 

42. That your petitioner enclosing herewith a copy of the Cheque being no. 824928, dated 26-09-2011, drawn on Canara Bank, Sonarpur Branch, for Rs. 50,000/- ( Rupees Fifty Thousand ) only, issued by the opposite party / developer to your petitioner, Bank return Memo, dated 03-12-2011, collectively marked as Annexure – “B”.

 

43. That your petitioner enclosing herewith a copy of the Letter dated 16th day of November’ 2013, which has been served upon the opposite parties, through the Learned Advocate of your petitioner, marked as Annexure – “C”.

 

44. That your petitioner enclosing herewith the postal receipt of the Speed Post and the Print out copy, as to report of the Consignment tracking obtain from the Website of the India Post, towards the acknowledgment of services upon the opposite parties, and collectively marked as Annexure – “D”.

 

45. That your Petitioner crave leave to produce the relevant documents and / or papers at the time of hearing, of the case matter before the Hon’ble Commission.

 

46. That the present complaint being made bona-fide and in the interest of administration of justice.

 

47. The Petitioner therefore prayed for :

 

 

Under the above facts and circumstances, It is prayed that your Honour would be graciously pleased to grant the following prayers / relief :-

 

 

a)                           To direct the opposite parties / respondents to deliver the physical possession of the Owner’s allocation, and pay all money as enumerated in the Owner’s allocation as stated and more particularly described in the Development Agreement dated 27th day of September’ 2011, ( i.e. Rs. 1,00,000/- ( Rs. One Lac ) only as forfeited money and a Flat measuring total 500 Sq. ft. ( including the Balai Mitra’s Proportionate Share ) and total 100 Sq. ft. Shop ( including the Balai Mitra’s Proportionate Share ), that means after taking the proportionate of Balai Mitra which is clearly mentioned in the Agreement dated 26-09-2011 ), to your petitioner ;

 

b)                           To direct the opposite parties / respondents alternatively to pay the present market values of the owner’s allocation as described in the Agreement dated 27th day of September’ 2011, (i.e. a Flat measuring total 500 Sq. ft. ( including the Balai Mitra’s Proportionate Share ) and total 100 Sq. ft. Shop ( including the Balai Mitra’s Proportionate Share ), that means after taking the proportionate of Balai Mitra which is clearly mentioned in the Agreement dated 26-09-2011 ), are as of Rs. 80,00,000/- ( Rupees Eighty Lakhs ) only, and Rs. 1,00,000/- ( Rs. One Lac ) only as forfeited money, to your petitioner.

 

c)                           To direct the opposite parties to pay Rs. 78,000/- ( Rupees Seventy Eight Thousand ) only, to your petitioner, as the cost of the alternate accommodation, as described in the Development Agreement dated 26th day of September’ 2011 ;

 

d)                            To direct the opposite parties to pay compensation, as for the harassment, troubles, loss of money, physical inconvenience and mental agony, suffered by the petitioner from the purported activities and others by the opposite parties as assessed as Rs. 6,00,000/- ( Rupees Six Lakhs ) only to your petitioner;

 

e)                            To grant the cost of the proceedings ;

 

f)                             To grant any other relief to the applicant / petitioner as found out by your Honour, in the facts and circumstances of the Complaint.

 

And to pass such other necessary order or orders as your Honour , may deem fit and proper for the ends of justice.

 

 

And for this act of kindness, the Petitioner, as in duty bound shall ever pray.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Verification

 

I, Shri Balai Mitra, being the Petitioner, herein, do hereby declare that the forgoing paragraphs no________to ________are true to the best of my knowledge and rest prayers portions are my humble submission before the Hon’ble Commission and I duly sign and verify this petition on _____________2014, at Kolkata.

 

 

 

 

                                                                Shri Balai Mitra

                                                                Identified by me,

 

 

                                                                        Advocate.

Prepared in my Chamber,

 

Advocate.

Dated : ____________2014.

Place : Kolkata.

 

 

 

 

 

 

 

 

 

 

 

District : South 24 Parganas.

 

Before the Hon’ble State Consumer Disputes Redressal Commission, West Bengal, at Premises being no. 11 A, Mirza Ghalib Street,
Kolkata-700087.

 

                                Complaint Case no………..…of 2014.

                                               

In the matter of :-

                                               

Shri Balai Mitra,

                                                        ……..Applicant / Petitioner.

 

-          Versus –

 

M/s. Tara Maa Construction. and others,

        ………Respondents / Opposite Parties.

 

 

AFFIDAVIT

 

 

 

Affidavit of Shri Balai Mitra, Son of Late Nilmoni Mitra, aged about ______years, by faith Hindu, by Occupation unemployed, residing at Village – Kamrabad, Post Office & Police Station – Sonarpur, Kolkata – 700 150, District – South 24 Parganas.

 

 

I, the above deponent do hereby solemnly affirm and declare as under :-

 

 

1 : That I am being the petitioner, in the above case, thoroughly conversant with the facts and circumstances of the present case and am competent to swear this affidavit.

 

 

 

 

 

2 : That the facts contained in my accompanying complaint / application, the contents of which have not been repeated herein for the sake of brevity may be read as an integral part of this affidavit and are true and correct to my knowledge.

 

 

 

 

                                                                        DEPONENT

 

Verification

 

 

I, the above named deponent do hereby solemnly verify that the contents of my above affidavit are true and correct to my knowledge, and no part of it is false and nothing material has been concealed therein.

 

Verified this ………….the day of …………….2014, at Kolkata.

 

 

 

 

 

                                                        DEPONENT

                                                       

Identified by me,

 

 

                                                        Advocate.

Prepared in my Chamber,

 

 

Advocate.

 

Dated :……………2014.

Place : Kolkata.

 

 

N O T A R Y

 

 

 

 

 

 

 

 

 

 

 

 

VAKALATNAMA

 

District : South 24 Parganas.

Before the Hon’ble State Consumer Disputes Redressal Commission, West Bengal, at Premises being no. 11 A, Mirza Ghalib Street,
Kolkata-700087.

Complaint Case no. ______________of 2014.

 

Shri Balai Mitra,                                       ___________Complainant / Petitioner.

 

-          Versus –

 

M/s. Tara Maa Construction and others.         ____________Respondents / Opposite Parties.

 

 

KNOW ALL MEN by these presents that I / We, Shri Balai Mitra, Son of Late Nilmoni Mitra, residing at Village – Kamrabad, Post Office & Police Station – Sonarpur, Kolkata – 700 150, District – South 24 Parganas,

 

   do hereby constitute and appoint the under mentioned Advocate, Pleader, Vakils, jointly and each of them severally to be pleader of take such steps and proceedings as may be necessary on my / our behalf and for that purpose to make sign, verify and present all necessary petitions, plaints, written statements and other documents and do nominate and appoint or retain senior counsels, vakil, advocates and other persons, lodge and deposits moneys and documents and other papers in the Ld. Court and the same again withdraw and to take out of Court and to obtain or grant as the case may be effectual receipts and discharge for the same and for all moneys which may be payable to me / us in the premises. To enter into compromise with my / our approval and withdraw, all moneys from the court AND GENERALLY  to act in the premises and proceedings arising there out whether by way of execution, review, appeal, or otherwise or in any manner contested there with as effectually and to all intents and purpose as I / We could act if personally present and such substitution and as pleasure to revoke I / We hereby ratifying and agreeing to confirm whatever may be lawfully done by virtue hereof.

In witness whereof this Vakalatnama has been executed by me / us.

 

This the …………………day of ………………2014.

 

Sri Ashok Kumar Singh, Advocate. High Court Bar Association Room No. 15, High Court at Calcutta, Enrollment No. F / 872 / 1199 / 2000, Bar Council of West Bengal. Mobile No. 9883070666 / 9836829666, E-mail : aksinghadvocate@rediffmail.com

Sri Manoj Halder, Advocate. Sri Sandip Roy Chowdhury, Advocate.  Sri Rabindra Nath Das, Advocate. Sri Saheb Halder, Advocate. Miss Jahira Begum, Advocate. Miss Priyanka Halder, Advocate.

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