SUSHIL MOHATA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) BY filing CRR 718 of 2013 and CRR 3431 of 2012 the petitioners challenge the proceedings in Case no. C -2144 of 2012 and C -2794 of 2012 presently pending respectively before the Learned 10th Judicial Magistrate at Alipore and the Learned 7th Judicial Magistrate, Alipore as also the orders passed in the said proceedings. With the consent of the parties both the matters are taken up for analogous hearing as they arise out of identical allegations connected to purchase of flats with facilities at South City Project in which the petitioners are the Officers/Directors.

(2.) IT is the further case in the complaint that after making full payment of the total Club membership fees of Rs. 60,000 plus service tax on which charges (balance amount) of Rs. 7,416 in the month of June, 2008 as per STC of sale was paid at the time of possession of her residential unit of the complex. The complainant alleges that in spite of full payment and taking possession of her allotted residential unit in the year 2008, the said flat was not registered till 20th September, 2010, after much harassment faced by the complainant.

(3.) IT is the further case of the complainant that during the lifetime of her father -in -law such Club facilities were not handed over and her father -in -law died without enjoying any of the facilities of the Club.