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Judgment
Both cases were taken up together being of similar nature and against the same Respondents.
Ld. Counsel submitted that he has carried out all the amendments as per the directions and filed the amended Form ‘M’.
Notice of the complaints were sent to the Respondents by post as well as through e-mail. E-mail sent to respondents on 06.02.2024 has not bounced back therefore, the notice of the complaints through e-mail is deemed to be proper service of notices on the Respondents.
Respondents neither appeared nor filed replies as directed by the Authority.
In the interest of justice, one more opportunity is granted to the Respondents to file replies by 25.04.2024 with copies served on the Complainants.
Complainants may file rejoinders, if any, by 05.05.2024 with copies served on the Respondents.
In Complaint No. Com/30/10/2023 titled Sh. Gopendra Nath Banerjee V/s M/s Platinum Multistate Co-operative Housing Society Ltd., it was noticed by the Authority that some of the receipts have been issued by the Respondents in the joint name of Sh. Gopendra Nath Banerjee and Sh. Bhupendra Nath Banerjee.
Ld. Counsel has clarified today that Sh. Bhupendra Nath Banerjee is not a co-allottee with Sh. Gopendra Nath Banerjee. Sh. Bhupendra Nath Banerjee was the nominee of the Complainant Gopendra Nath Banerjee. The Respondents have inadvertently and by mistake issued receipts in the name of Sh. Bhupendra Nath Banerjee.
Sh. Bhupendra Nath Banerjee is also present during the course of hearing and endorses the submissions made by the Ld. Counsel for Complainants stating further that he is not an allottee of the unit and he was simply nominee of his elder brother Sh. Gopendra Nath Banerjee.
Ld. Counsel has filed a copy of the application form for membership of Platinum Multistate CHS Ltd. which clearly shows that Sh. Gopendra Nath Banerjee was the Complainant and Sh. Bhupendra Nath Banerjee was the nominee. Same is taken on record.
The Authority therefore, accepts the request of the Complainant to not to consider Sh. Bhupendra Nath Banerjee as co-allottee and not to include Sh. Bhupendra Nath Banerjee in the array of Complainants.
Matters be listed on 09.05.2024 at 11:30 am.
In case the Respondents fail to appear on the next date of hearing or file reply, they shall be proceeded ex-parte.