Order No. 03        Dated :    04.12.2019

            Record is put up for passing order.

            Perused the complaint petition and the copy of agreement and other documents, annexed with the complaint petition.

            It appears that the petitioner was a tenant in respect of one room and verandah under the OP / Landlord at a monthly rental of Rs.300/- per month and the OP / Landlord entered into the development agreement and the Developer / Promoter thereafter mutually agreed with the petitioner that they will provide 200 Sq. ft. super built area on the ground floor to the petitioner and will pay Rs.1,000/- per month to the petitioner as a shifting charge and accordingly the OPs further  agreed that they will pay Rs.1,000/- to  the petitioner as a shifting charge. It also appears that for non delivery of possession of 200 Sq. ft. super built area to the petitioner, the petitioner filed this Consumer Complainant with the prayer for possession of the schedule property and execution and registration of the Sale Deed in favour of the complainant.

            On scrutiny of the Agreement dated 07.05.2018 of the parties, it appears that nowhere in the agreement made by the parties, the matter of consideration money has been mentioned for transferring of property i.e. 200 Sq. ft. of super built area to the petitioner and as such the present petitioner cannot be a consumer as defined in the CP Act, 1986. Hence, the complaint is not admitted and accordingly the same is  dismissed in limine.