18/01/16

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT

            This order relates to hearing on the Miscellaneous Application bearing no.MA 504 of 2015 filed by the OP challenging the maintainability of the complaint case. 

            It has been stated in the petition that Harsh Chand Padmabati Suchanti Charitable Trust is a registered public trust engaged in charitable activity in and around Kolkata.  The Complainant had booked the residential apartment being no.1102 on 11^th floor at Tower 9 measuring super built up area of 1475 sq. ft. along with one covered car parking space at the complex ‘Cascades’ in Uniworld City being developed by the OP and the total consideration was Rs.43,85,968/-. 

            The Learned Counsel for the Misc. Applicant has submitted that the Trustee cannot file a consumer complaint.  In this connection the Learned Counsel has referred to the decisions of the Hon'ble National Commission reported in IV (2007) CPJ 33 (NC) [Pratibha Pratisthan vs. Manager, Allahabad Bank] and RP 2694 of 2013 [Excellent Testing Equipment & Ors. vs. Vijaya Vittala Charitable & Educational Trust, decided on 16/04/15].

            It has been submitted by the Complainant that the consideration amount was paid in full, but the OP did not deliver possession. 

            We have heard the submission made by both sides and perused the papers on record.  In the aforesaid two decisions cited by the Learned Counsel for the Misc. Applicant it has been held that complaints filed by the Trustee is not a ‘person’ as defined in the Consumer Protection Act, 1986. Relying on the aforesaid decisions, we are of the considered view that the instant complaint is not maintainable as the Complainant being the public registered trust is not a ‘person’ as defined under the Consumer Protection Act, 1986. 

            Miscellaneous Application is allowed.  The petition of complaint is dismissed.