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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

NEW DELHI
CONSUMER CASE NO. 376 OF 2014
WITH
IA/3014/2015,IA/3015/2015,IA/3429/2015,IA/6508/2014,IA/6509/2014,IA/7935/2014,IA/8685/2014
1. KOLKATA WEST INTERNATIONAL CITY BUYERS
WELFARE ASSOCIATION
135/100, Grish Ghosh Road, Belur,
Howrah - 711 202.
...........Complainant(s)
Versus
1. KOLKATA WEST INTERNATIONAL CITY PVT. LTD.
"Vichitra", Salap Junction Howrah Amta Road And Bombay
Road Crossing,
Howrah - 711 403.
...........Opp.Party(s)
BEFORE:
HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
HON'BLE MR. DR. S.M. KANTIKAR, MEMBER
For the Complainant :
For the Opp.Party :

Mr. M.L. Lahoty, Advocate with

Mr. Paban K. Sharma, Advocate
Mr. Ravinder Narain, Advocate with
Mr. Sumit Dhar, Advocate
Mr. Shyam Kumar, Advocate
Ms. Kanika, Advocate

Dated : 19 May 2015

ORDER
Counsel for parties present.

Previous costs paid. Counsel for petitioner moved an application for condonation of delay. Respondent
was served in this case on 14.11.2014 and the written version has been filed today i.e. 19.05.2015.
There is a delay of about six months. The counsel for respondent submits that he was under the
impression that this case was not maintainable and hence, he had moved an application on 07.11.2014,
and that this Commission had issued notice on that application. However, the order dated 25.09.2015
was not complied with and after that, the application was moved and the notice was issued. This does
not mean that the order dated 25.09.2015, stands overruled. The law has got crystalline clarity. The
written version has to be filed within 30 days. The case cannot be delayed for such like frivolous
contentions. There is no ground for condonation of delay. However, we follow the judgment passed by
the Honble Supreme Court in Kolte Patil Dev. Ltd. Vs. Bhupendra Bhandari in Civil Appeal No.
8166 of 2014 and we further impose costs of Rs.75,000/- on the respondent, out of which, Rs.50,000/be paid to complainant-Kolkata West International City Buyers Welfare Association, through demand

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draft and the rest amount of Rs.25,000/- be deposited with Consumer Legal Aid Account of this
Commission. The said costs be paid within 45 days from today, otherwise, the written statement will
not be read in evidence.
Reply is taken on record. The counsel for respondent submits that the arguments on maintainability should be
heard, first of all. This must be borne in mind that it is a summary procedure. The counsel for petitioner wants to
argue that the preliminary objections can be heard prior to arguments on that point.

This is made clear that the construction may go on. There is no order to that effect. The
respondent will be at liberty to allot possession to certain allottees, who desired to take the possession
and the allottees can also sell their respective apartments.
The parties are further directed to settle the matter, out of the court.
Now to come up for compromise, if any, or for filing of rejoinder by way of evidence on
15.09.2015.
......................J
J.M. MALIK
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

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