State Consumer Disputes Redressal Commission
Ixora Realty Llp vs Tarun Bhattacharyya S/O. Kaliranjan ... on 24 December, 2025
STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL REVISION PETITION NO. SC/19/RP/115/2025 (Against the Order dated 25th November 2025 in Appeal DC/304/CC/108/2025 of the District Consumer Disputes Redressal Commission South 24 parganas) WITH SC/19/IA/1103/2025 (STAY) IXORA REALTY LLP BUSINESS ADDRESS - ROOM NO. 101, 1ST FLOOR, NARAYANI BUILDING27, BRABOURNE ROAD , KOLKATA,WEST BENGAL.
MR PRABHU DAYAL GUPTA S/o. Late Boduram Gupta BUSINESS ADDRESS - ROOM NO.101, 1ST FLOOR,NARAYANI BUILDING27, BRABOURNE ROAD , KOLKATA,WEST BENGAL.
.......Petitioner(s) Versus TARUN BHATTACHARYYA S/o. Kaliranjan Bhattacharyya PERMANENT ADDRESS - ANANYA COMPLEX, ATLAS, MORE, BLOCK-6, FLAT NO. 3A , BARUIPUR ANANYA COMPLEX , 310, N.S.C. BOSE ROAD , 24 PARAGANAS SOUTH,WEST BENGAL.
SPARKLING HEIGHTS PRIVATE LIMITED BUSINESS ADDRESS - 53/4P.N. MIDDYA ROAD , 24 PARAGANAS NORTH,WEST BENGAL. ASTOUNDING ESTATES PRIVATE LIMITED BUSINESS ADDRESS - GANGES GARDEN, PHASE-II, BLOCK-GA 6, 3RD FLOOR106, K.C. SINGHA ROAD , HOWRAH,WEST BENGAL.
BUMPY VYAPAAR PRIVATE LIMITED BUSINESS ADDRESS - 3RD FLOOR19, KALIDAS LAHIRI LANE , 24 PARAGANAS NORTH,WEST BENGAL.
STARSTORE DEALERS PRIVATE LIMITED BUSINESS ADDRESS - 3RD FLOOR1/133 AZADGARH , 24 PARAGANAS SOUTH,WEST BENGAL.
SUMPTUOUS BUILDERS PRIVATE LIMITED BUSINESS ADDRESS - GANGES GARDEN, PHASE-11, BLOCK-GA 6, 3RD FLOOR106, K.C. SINGHA ROAD , HOWRAH,WEST BENGAL.
KHATU BARTER PRIVATE LIMITED BUSINESS ADDRESS - ROOM NO. 302, 3RD FLOOR, NARAYANI BUILDING27, BRABOURNE ROAD , KOLKATA,WEST BENGAL.
GLADIOLUS ABASAN PRIVATE LIMITED BUSINESS ADDRESS - 1ST FLOORBE-61 , 24 PARAGANAS NORTH,WEST BENGAL. CONFITECH NIWAS PRIVATE LIMITED BUSINESS ADDRESS - 1ST FLOORBE-61 , 24 PARAGANAS NORTH,WEST BENGAL. FREESIA PROPERTIES PRIVATE LIMITED BUSINESS ADDRESS - 53/4 P.N. MIDDYA ROAD, , 24 PARAGANAS NORTH,WEST BENGAL. HEDONISTIC HOMES PRIVATE LIMITED BUSINESS ADDRESS - GANGES GARDEN, PHASE-II, BLOCK-GA 6, 3RD FLOOR106, K.C. SINGHA ROAD , HOWRAH,WEST BENGAL.
OWELTY MERCHANTS PRIVATE LIMITED BUSINESS ADDRESS - 53/4, P.N. MIDDYA ROAD , 24 PARAGANAS NORTH,WEST BENGAL. CHICOT VILLA PRIVATE LIMITED BUSINESS ADDRESS - 3RD FLOOR1/133, ARADGARH , 24 PARAGANAS SOUTH,WEST BENGAL.
AROHA TRADELINK PRIVATE LIMITED BUSINESS ADDRESS - 1ST FLOORBE-61 , 24 PARAGANAS NORTH,WEST BENGAL. REWARD BUILDCON PRIVATE LIMITED BUSINESS ADDRESS - 27, BIPLABI TRAILAKYA MAHARAJ SARANI , KOLKATA,WEST BENGAL.
.......Respondent(s) BEFORE:
HON'BLE MR. JUSTICE BIBHAS RANJAN DE , PRESIDENT HON'BLE MRS. MRIDULA ROY , MEMBER FOR THE PETITIONER:
IXORA REALTY LLPMR PRABHU DAYAL GUPTA S/o. Late Boduram Gupta FOR THE RESPONDENT:
NEMO DATED: 24/12/2025 ORDER Order No. 01 Ld. Counsels appearing on behalf of both the parties are present.
Ld. Counsel appearing on behalf of the Revisionist has filed the instant revisional application assailing the Order dt.16.10.2025 whereby Ld. D.C.D.R.C., South 24 Parganas passed an Order restraining the OPs from disturbing the peaceful possession of the Complainants over the temporary car parking space till disposal of the Consumer Complaint.
Between the parties, there was an agreement for sale executed in respect of the property mentioned in the schedule to the Consumer Complaint. Thereafter, the possession of the flat alongwith car parking space was handed over to the Respondents/Complainants and the complaint petition was filed before the District Forum raising the issue of defective and improperly planned construction which is prevented the complainant from parking vehicle.
Heard the Ld. Counsel appearing on behalf of the Petitioner who has admitted that temporary car parking space was provided to the respondents on account of some difficulty in the earmarked car parking space.
In the assailed Order, Opposite Parties admitted the allotment of temporary car parking space to the complainant looking to the grievance of the difficulties regarding approaching space leading to the car parking space.
Considering all facts and circumstances as well as the issues pending before the District Forum, Ld. D.C.D.R.C. has allowed an application being No.IA/17/2025 wherein temporary restraining Order was promulgated upon the OPs restraining them from causing disturbances in peaceful possession of the Complainants/Respondents herein over the temporary car parking space till disposal of the Consumer Complaint Case or till the period of settlement, if there be any, between the parties.
On careful scrutiny of the issues pending before the District Forum and also admission on the part of the Revisionist/OP, we do not find any infirmity or irregularity of the order passed by the Ld. District Commission impugned in the revision application.
In the aforesaid view of the matter, the Revision Petition stands dismissed. However, liberty is given to the Petitioner/Opposite Party to file appropriate application on the maintainability issue with regard to the Consumer Complaint case.
With the aforesaid order, let the Revision Petition stands disposed of.
The IA pending, if there be any, stands dismissed being infructuous.
..................J BIBHAS RANJAN DE PRESIDENT ..................
MRIDULA ROY MEMBER