Complaint For MISAPPROPRIEATION OF SHARE OF PROPERTY

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From: -

Smt. Dipaneeta De nee Bhattacharjee,


(Bearing AADHAAR Card No. 8741 2430 0651;
PAN Card No. BCTPB3894D),
Aged about 41 years and by occupation Service,
Wife of Sri Sujoy De,
Daughter of Late Shanti Bhusan Bhattacharjee @ Santi Bhattacharjee,
Of 2, Madan Ghosh Lane, Hedua Park, Beadon Street
Kolkata 700 006
Mobile: - 9836959794
E-mail: - dipaneeta03@gmail.com
Date: /12/2021
To
(1) Sri Pinaki Paul,
Proprietor M/s. Jinia Developer,
PAN No. AKLPP6097P,
Son of Sri Pulin Behari Paul,
Of 24, Vidyasagar Road, Purbayan Apartment,
P.O. Rabindra Nagar, Dum Dum Cantonment,
P.S. Dum Dum, District North 24 Parganas, PIN 700 065
E-mail: - jiniadeveloper@gmail.com;

(2) Sri Rajesh Bhattacharya (Bearing PAN No. AQXPB908P), &


(3) Sri Biswath Bhattacharjee (Bearing PAN No. ANDPB1752E),
Both are Sons of Late Shanti Bhusan Bhattacharjee @ Santi Bhattacharjee,
Of 23, Srima Road, P.O. Rabindra Nagar, Dum Dum Cantonment,
P.S. Dum Dum, District North 24 Parganas, PIN 700 065;

(4) The Officer-in-Charge,


Dum Dum Police Station,
39/1 Post Office Road , Gorabazar,
Rajbari, Dum Dum , PIN – 700028,
E-mail: - cpbarrackpore@gmail.com;

(7) The Chairperson,


South Dum Dum Municility,
Dum Dum Road, P.O. Motijheel,
District- North 24 Parganas, PIN 700074,
E-mail: - sddm10@gmail.com;

(8) The Officer-in-Charge,


Burtolla Police Station,
1, Raja RajKrishna Street,
Sovabazar, Goa Bagan,
Ward Number 16, Kolkata 700006,
E-mail: - burtollaps@kolkatapolice.gov.in

(10) The District Magistrate,


New Administrative Building,
P.O. & P.S. Barasat,
District North 24-Parganas,
PIN 700 124,
E-mail: - dm-bar-wb@nic.in

Contd……2
-2-
Subject – Complaint for forceful Misappropriation of/Deprivation of/Wrongful Eviction
from my Share in Ancestral Property

Dear Sir/Madam,

That my father Late Shanti Bhusan Bhattacharjee @ Santi Bhattacharjee entered


into Development Agreement, dated 29 th day of October 2018, registered in the Office of the
A.D.S.R. at Cossipore, Dum Dum and recorded in BOOK No. I, Volume No. 1506-2018,
Pages from 426523 to 426548, Being No. 150609479 for the year 2018, particularly: -with
Sri Pinaki Paul, Proprietor M/s. Jinia Developer, Son of Sri Pulin Behari Paul, of 24,
Vidyasagar Road, Purbayan Apartment, P.O. Rabindra Nagar, Dum Dum Cantonment, P.S.
Dum Dum, District North 24 Parganas, PIN 700 065, for the sake of Brevity hereinafter
referred to as the PROMOTER/DEVELOPER, in respect of his Property No. 1: - All that
piece and parcel of Land, admeasuring an area of 2 (Two) Cottahs 2 (Two) Chittacks, be the
same or a little more or less together with a 200 (Two Hundred) Square Feet R.T. Shed,
thereon lying situated at Mouza Garui, J.L. No. 16, R.S. No. 24, Touzi No. 172, comprised
in C.S./R.S. Dag No. 234 and at present corresponding to L.R. Dag No. 406, related to
C.S./R.S. Khatian No. 413 and presently corresponding L.R. Khatian No. is 1613, being
Municipal Holding No. 310, Sreema Road, within the Jurisdiction of Dum Dum Police
Station and under Ward No. 4 of the South Dum Dum Municipality, within local limits of
A.D.S.R., Cossipore, Dum Dum, District North 24 Parganas, PIN 700056 and the said entire
Land is butted and bounded as follows: -

On the North: By Dag No. 233;


On the South: By Others Property;
On the East: By 4’ (Four) Feet wide Common Passage; AND
On the West: By others Property;

WHEREAS my father Shanti Bhusan Bhattacharjee @ Santi Bhattacharjee


unfortunately died intestate on 14/02/2020, leaving behind none other than his surviving
wife Smt. Kalpana Bhattacharya (PAN CUKPB8717P), 2 (Two) Sons, namely Rajesh
Bhattacharya (PAN AQXPB9089P) and Biswanath Bhattacharjee (PAN ANDPB1752E) and
sole daughter myself Dipaneeta De nee Bhattacharjee (PAN BCTPB3894D).

AND WHEREAS suspiciously immediate after said demise of my father Late Shanti
Bhusan Bhattacharjee @ Santi Bhattacharjee, the said PROMOTER/DEVELOPER hastily
AGAIN entered with us, all the Legal Heirs of my Father, into ANOTHER inexplicit
Supplementary Development Agreement, dated 26 th day of February 2018 in respect of his
Property No. 1, registered in the Office of the A.D.S.R. at Cossipore, Dum Dum and
recorded in BOOK No. I, Volume No. 1506-2020, Pages from 93165 to 93184, Being No.
150601857 for the year 2018.

AND WHEREAS the Owners’ Allocation in respect of said Property No. 1, as stated in
Para No. 6 under Page No. 4 thereto under aforementioned Registered Development
Agreement depicts particularly: -

“ONE ROOM, MEASURING COVERED AREA 50 (Fifty) SQUARE FEET, MORE OR LESS ”
(WITHOUT MENTIONING ANY FLOOR NUMBER AND/OR SPECIFIC POSITION)

Contd……3
-3-

AND WHEREAS my father Late Shanti Bhusan Bhattacharjee @ Santi Bhattacharjee


also entered into another Development Agreement, dated 29 th day of October 2018,
registered in the Office of the A.D.S.R. at Cossipore, Dum Dum and recorded in BOOK No. I,
Volume No. 1506-2018, Pages from 426117 to 426145, Being No. 150609463 for the year
2018, again with the said PROMOTER/DEVELOPER Sri Pinaki Paul, Proprietor M/s. Jinia
Developer, Son of Sri Pulin Behari Paul, of 24, Vidyasagar Road, Purbayan Apartment, P.O.
Rabindra Nagar, Dum Dum Cantonment, P.S. Dum Dum, District North 24 Parganas, PIN
700 065, for the sake of Brevity hereinafter referred to as, in respect of his in respect of his
Property No. with Sri Pinaki Paul, Proprietor M/s. Jinia Developer, Son of Sri Pulin Behari
Paul, of 24, Vidyasagar Road, Purbayan Apartment, P.O. Rabindra Nagar, Dum Dum
Cantonment, P.S. Dum Dum, District North 24 Parganas, PIN 700 065, in respect of his
another Property No. 2: - All that piece and parcel of Land, admeasuring an area of 3
(Three) Cottahs 15 (Fifteen) Chittacks and 20 (Twenty) Square Feet, be the same or a little
more or less together with a 400 (Four Hundred) Square Feet R.T. Shed, thereon lying
situated at Mouza Garui, J.L. No. 16, R.S. No. 24, Touzi No. 172, comprised in C.S./R.S.
Dag No. 233 and at present corresponding to L.R. Dag No. 401, related to C.S./R.S. Khatian
No. 413 and presently corresponding L.R. Khatian No. is 1613, being Municipal Holding No.
309 & 310, Sreema Road, within the Jurisdiction of Dum Dum Police Station and under
Ward No. 4 of the South Dum Dum Municipality, within local limits of A.D.S.R., Cossipore,
Dum Dum, District North 24 Parganas, PIN 700056 and the said entire Land is butted and
bounded as follows: -

On the North: By 16’ (Sixteen) Feet wide Sreema Road;


On the South: By Dag No. 234;
On the East: By others Property; AND
On the West: By others Property;

AND WHEREAS again suspiciously immediate after said demise of my father Late
Shanti Bhusan Bhattacharjee @ Santi Bhattacharjee, the said PROMOTER/DEVELOPER
hastily AGAIN executed with us, all the Legal Heirs of my Father, ANOTHER vague
Supplementary Development Agreement, dated 26 th day of February 2018 in respect of his
SAID Property No. 2, registered in the Office of the A.D.S.R. at Cossipore, Dum Dum and
recorded in BOOK No. I, Volume No. 1506-2020, Pages from 93185 to 93204, Being No.
150601858 for the year 2018.

AND WHEREAS the Owners’ Allocation in respect of said Property No. 2, as stated in
Para No. 6 under Page Nos. 4 & 5 thereto under aforementioned second Development
Agreement stands particularly: -

OWNER'S ALLOCATION - The Owner shall entitle to get as follows

(a) One Flat on the Ground Floor, measuring covered area 700 Sq. ft. more or less
including staircase.
(b) One Flat on the First Floor, Front side, measuring covered area 800 Sq. ft. more
or less including staircase. Contd……
4

-4-

(c) One Flat on the Third Floor, Back side, measuring covered area 850 Sq.ft. more or
less including staircase.

(d) One Garage on the Ground Floor, front side measuring covered area 150 Sq. ft.
more or less.

(e) A refundable / adjustable amount of Rs. 1,50,000/- (Rupees One Lac Fifty
Thousand) only which to be paid by the Developer to the Owners at the time of
execution of this Development Agreement. Be it noted that the Developer shall
be adjusted by the Owner's Allocated area at the rate of Rs.1.800/- per Sq. ft.

Be it noted that the Developer sanctioned G+4 storied building from the
concerned South Dum Dum Municipality in that case the Owners shall entitled to
get extra area 75 Sq. ft. more or less and the said 75 Sq. ft. calculated with one
Flat on the Third Floor measuring 850 Sq. ft. more or less and further the
Developer shall pay a sum of Rs. 5,00,000/- (Rupees Five Lac) only.

Be it noted here that, if the developer shall pay a sum of Rs. 5,00,000- (Rupees
Five Lac) only in that case it is agreed by and between the parties herein that the
said refundable amount of Rs. 1,50,000/- (Rupees One Lac Fifty Thousand) only
will be adjusted against the said Amount.

(WITHOUT MENTIONING THE FLAT SPECIFICICALLY WILL BE ALOTTED TO


WHICH LEGAL HEIR/CO-SHARER WHO WILL ACQIRE SUBSEQUENT TO THE
COMPLETION OF THE PROPOSED CONSTRUCTION AND/OR SPECIFIC PORTION/SHARE
OF AMOUNT FOR EACH LEGAL HEIRS INCLUDING MYSELF)
AND WHEREAS lastly on the middle of November, I once again received 2 (Two)
original Draft Copies of “SUPLLEMENTARY DEVELOPMENT AGREEMENT”, each consists of
5 (Five) pages totally, under the Rs. 10 (Ten) Non-Judicial Stamp Paper which depicted the
date of execution as 9th day of November, 2021, in respect of aforesaid Properties,
respectively, from the said PROMOTER/DEVELOPER, with forceful direction to sign those
with immediate effect but this time being stable in mind, with full sense, in contrast of
previous period of trauma for the unfortunate loss of my beloved father, now I thoroughly
went through the both the draft and there from it is clearly revealed that in connivance of
my aforesaid mischievous BROTHERS, said PROMOTER/DEVELOPER, with his motivated
intention and political backing for his personal wrongful gain is trying to alter the
previously agreed Clauses under both the Development Agreement, dated 29/10/2018 and
vague Supplementary Development Agreement, dated 26/02/2020, as well, and to distort
original sectioned Plan against additional Rs. 3,00,000/- (Three Lakh) only.

          AND WHEREAS being one vulnerable housewife I have been staying in my
Matrimonial House and whenever I raise questions/objections then every time both my
Brothers and Promoter/Developer suppress my voice and simultaneously threatened me
with dire consequences and Physically and mentally tortured my senile Mother who
compelled to be confined in wretched Condition, under their Custody morefully several
occasions they also attacked my matrimonial House for the sake of fulfillment of their
unlawful desires but somehow me and my in-laws with the help of some neighbours/good
Samaritan, resisted them. Contd……5

-5-

AND WHEREAS now the present situation is very dangerous as I was again
threatened with loss of life and dignity and it is heard my Mother is also sustaining
unbearable SEVERE pain by them, so being helpless and hopeless as last resort I am
hereby raising Complaint along with BOTH the photocopies of the “SUPLLEMENTARY
DEVELOPMENT AGREEMENTS”, dated 09/11/2021, annexed herewith and as I want you
to take serious step against these miscreants for their such unlawful activities to deprive
me and my senile Mother from our rightful claim as aforesaid so we are not harmed
anymore and live our life with dignity with our own safety of our person and property and
public good. I hope you will take notice of this on an urgent basis/at your earliest.

Solicit your favour. Thanking you.

Yours Sincerely,

(Dipaneeta De nee Bhattacharjee)

Enc.: - 2 (Two) Only: - Photocopies of both the “SUPLLEMENTARY DEVELOPMENT


AGREEMENTS”, each dated 09/11/2021

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