Today is fixed for admission hearing.

The complainant is present through authorized representative.

It is seen by us from the prayer portion of the petition of complaint that the complainant has sought for membership with immediate effect and to drop unlawful demand of Rs. 30,000/- from her by the Ops along with compensation to the tune of Rs. 10,00,000/- due to harassment, humiliation, sufferings and mental agony.

Upon considering the petition of complaint in our view the prayers as sought for by the complainant cannot be maintainable before the Consumer Commission under the Consumer Protection Act, 2019.

From the annextures/documents filed by the complainant along with the petition of complaint it is noticed by us that in view of allegation/complaint before the Housing Department Apartment sale, Govt. of W.B, the competent authority under the West Bengal Apartment Ownership Act, 1972 the competent authority has passed an order on 02.12.2020 disposing the complaint filed by the complainant. It is also evident from the running page 16 of the petition of complaint (the date of the letter is not readable). It is evident that the complainant was requested by the Ops to transfer to pay transfer fees and maintenance charges towards the association in accordance with the bye-laws for the common expenses of the association. But the complainant without making any payment as per direction of the Ops has preferred this complaint before this Ld. Commission. It is also to be mentioned that after getting an order from the competent authority under the West Bengal Apartment Ownership Act, 1972, the complainant has filed this complaint praying for declaration herself as a member of the association. But in the said order the competent authority was pleased to declare her as a member of the association. The complainant has placed reliance on the Ruling passed by the Hon’ble NCDRC on 18.09.2018. We have perused the said Judgment, but in our view the said Judgment cannot be applicable in the case in hand and moreover the Judgment/Ruling does not support the contention of the complainant.

Going by the foregoing discussion that CC 248/2021 is hereby dismisses without being admitted. There is no order as to cost.

However the complainant is at liberty to approach before the appropriate Court for redressal of her grievance,  if not barred otherwise.

The complainant is also at liberty to get return the copy of the complaint and the documents from the appropriate authority of this Commission as the complaint is not admitted. In this respect the complainant is further directed to submit a separate application praying for return of the abovementioned documents. The appropriate authority of this Commission is hereby directed to take necessary step upon receipt of the application from the complainant so that the complainant can get return of the aforementioned without any further delay.

Let plain copy be given to the parties free of cost, as per CPR.

  Dictated and corrected by

[HON'BLE MRS. Silpi Majumder]
                MEMBER