Order No. 03  Date-   08.01.2021.

            The case is taken up for order on the point of admission.

            The matter was heard on 06.01.2021.

Perused the consumer complaint coupled with Promissory Note dated 20.02.2020. The case of the complainant is a nutshell is that the OP has constructed a four storied building at KMC Premises No. Z-3/428/A, Jallia Para Road, Kolkata-700044 and the complainant has purchased a flat measuring about 524 sq. ft. on the second floor of the said premises at a total consideration of Rs. 4,00,000/-. It is further case of the complainant is that the OP has already handed over possession of the subject flat but did not execute and register  Deed of Conveyance in spite of several request. The OP also executed a Promissory Note dated 20.02.2020 in favour of the complainant and willing to refund Rs. 4,00,000/- to the complainant by 2/3 installments but  the complainant did not agree of such proposal.

Fact remains that no Agreement for Sale was executed between the complainant and the OP in respect of the flat in question and no possession letter is forthcoming on the part of the complainant to establish that he is in possession of the flat. On the contrary, document dated 20.02.2020 goes to show that it is a Promissory Note by which the OP agreed to refund Rs. 4,00,000/- to the complainant within 2020 by 2/3 installments. In our view, the dispute in question as alleged in the consumer complaint is not amenable in this Commission. As such, the consumer complaint is not admitted and liable to be dismissed in limini.

Hence,

Ordered

That the consumer complaint is not admitted and dismissed in limini. Complainant may agitate his grievance before the competent court of law, if so desired.