Orissa

Baleshwar

CC/14/2022

Subir Kumar Ghosh, aged about 47 years - Complainant(s)

Versus

Evos Buildcon Pvt. Ltd., Represented through its Managing Director, Bhubaneswar - Opp.Party(s)

Sri Siva Sankar Chaini & Others

26 Apr 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BALASORE
AT- COLLECTORATE CAMPUS, P.O, DIST- BALASORE-756001
 
Complaint Case No. CC/14/2022
( Date of Filing : 08 Apr 2022 )
 
1. Subir Kumar Ghosh, aged about 47 years
S/o. Ramesh Chandra Ghosh, At- Hatiganda, P.O- Kanrali, P.S- Remuna, Dist- Balasore.
Odisha
...........Complainant(s)
Versus
1. Evos Buildcon Pvt. Ltd., Represented through its Managing Director, Bhubaneswar
At- Plot No. 780, White House, Maharshi College Road, P.O/P.S- Saheed Nagar, Bhubaneswar-751007.
Khordha
Odisha
2. Kalinga Keshari Rath, Managing Director, Evos Buildcon Pvt. Ltd., aged about 31 years
S/o. Late Kailash Chandra Rath, Flat No.17, 1st Floor, Plot No. 236, Sarala Nagar, Padma Hospital Lane, Laxmi Sagar, Bhubaneswar-751006.
Khordha
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. NILAKANTHA PANDA PRESIDENT
 HON'BLE MS. SURAVI SHUR MEMBER
 
PRESENT:Sri Siva Sankar Chaini & Others, Advocate for the Complainant 1
 
Dated : 26 Apr 2022
Final Order / Judgement

                                         The case is posted today for admission on hearing on the basis of primafacie of the matter.

                                         The Complainant is present through his Ld. Advocate Sri A.K Behera & files hazira and presented the case matter for admission. Heard. On perusal of complaint petition, it is observed that the present matter is a dispute between the instant Petitioner & M/s. Evos Buildcon Pvt. Ltd. for a dispute of “Sales & Consideration” of a patch of land situated in Bhubaneswar.

                                         That, as per the definition of goods U/s. 2 (21) of C.P Act-2019, a good is a good under C.P Act, which is required to be movable in nature. Here the cause of dispute presented by the Complainant in this case is confined within a piece of land and disputed money amount, which no way comes under jurisdiction of this District Commission. Hence, the petition filed by Complainant is hereby rejected for the reason that this case is not maintainable before this District Commission as it does not come under the ambit & purview of the C.P Act-2019. 

                                         Further, it is seen that after presenting the case matter before this Commission, the Ld. Advocate for the Petitioner filed a time petition showing the reason that he is not prepared enough to present the case matter due to illness. As the case has already been Heard & the primafacie of the case speaks that it does not come under the jurisdiction of this Commission, further allowance of time for hearing of the case matter is irrelevant. Hence, the time petition is hereby rejected.

                                         Issue extract copy of the order to the Complainant for his reference & doing needful at his end.

 
 
[HON'BLE MR. NILAKANTHA PANDA]
PRESIDENT
 
 
[HON'BLE MS. SURAVI SHUR]
MEMBER
 

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