West Bengal

Rajarhat

MA/187/2022

Pranab Ghosh, S/o. Late Prasanta Kumar Ghosh - Complainant(s)

Versus

Excella Realtors Pvt Ltd - Opp.Party(s)

17 Feb 2023

ORDER

Additional District Consumer Disputes Redressal Commission, Rajarhat (New Town )
Kreta Suraksha Bhavan,Rajarhat(New Town),2nd Floor
Premises No. 38-0775, Plot No. AA-IID-31-3, New Town,P.S.-Eco Park,Kolkata - 700161
 
Miscellaneous Application No. MA/187/2022
( Date of Filing : 16 Sep 2022 )
In
Complaint Case No. CC/317/2022
 
1. Pranab Ghosh, S/o. Late Prasanta Kumar Ghosh
sdf
...........Appellant(s)
Versus
1. Excella Realtors Pvt Ltd
cvb
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Lakshmi Kanta Das PRESIDENT
 HON'BLE MR. Partha Kumar Basu MEMBER
 
PRESENT:
 
Dated : 17 Feb 2023
Final Order / Judgement

Order No.07

Today is fixed for order on being no. MA/186/2022.

The OPs have, by filing the MA, wanted to say that the case is at all not maintainable before this Consumer Commission as because only the plot of land was the subject matter of the agreement which was signed by the OPs and the complainant.

But a cursory perusal of the material on record subsuming the agreement for sale dated 05.12.2014 reveals that the seller agreed to sell the land by plotting and developing the same. Plotting and development undoubtedly involve and require services not only the plot of land but also services were intended to be sold to the complainant under the agreement. Sale of plot simpliciter is not the subject matter of this case. Services were also the subject matter and there may be some deficiency in rendering those services. The case, as such comfortably comes within the ambit of the Consumer Protection Act. So the MA/186/2022 calls for no action and hence it is rejected.

As such, the MA/186/2022 is thus disposed of.

As such, 17.04.2023 is fixed for filing evidence by the complainant on affidavit.

 

 
 
[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT
 
 
[HON'BLE MR. Partha Kumar Basu]
MEMBER
 

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