West Bengal

Kolkata-II(Central)

CC/122/2020

Sanjay Gupta - Complainant(s)

Versus

Ifterkhar Khan - Opp.Party(s)

Soumadip Das

18 Sep 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
KOLKATA UNIT - II (CENTRAL)
8-B, NELLIE SENGUPTA SARANI, 7TH FLOOR,
KOLKATA-700087.
 
Complaint Case No. CC/122/2020
( Date of Filing : 18 Aug 2020 )
 
1. Sanjay Gupta
5/1/H/2, Bakery Road, P.S. Hastings,Kolkata-700022.
2. Sangeeta Gupta
5/1/H/2, Bakery Road, P.S. Hastings,Kolkata-700022.
...........Complainant(s)
Versus
1. Ifterkhar Khan
2/H/9,Khalasitola Road , P.S. Hastings,Kolkata-700022.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Swapan Kumar Mahanty PRESIDENT
 HON'BLE MR. Ashoke Kumar Ganguly MEMBER
 
PRESENT:
 
Dated : 18 Sep 2020
Final Order / Judgement

Order-4.

Date-18/09/2020.

Today is fixed for admission hearing.

Perused the complaint petition and the annexure thereto. Hd. Ld.adv for the complainant.

Having heard the submission of the Ld.adv for the complainant as well as on perusal of the complaint petition. It appears that the petitioner paid a sum of Rs.7,00,000/-, on the basis of mutual understanding between the petitioner and the op for purchasing a flat measuring about 800 sqft. on the 3rd floor at premises no. 2/H/9, Khalasitola Road, Kolkata-700022 out of settle consideration price of Rs.32,00000/-. Subsequently the petitioner came to know that the op did not want to sell the flat and as such the petitioner filed this complaint and prays for refund of the said amount.

On careful consideration of the matter it reveals that there is no whisper as to the land development agreement as well as agreement for sale of flat. in the four corner of the complaint petition.

Furthermore, it has no where been reflected in the complaint petition regarding housing construction as laid down in section 2 (42) of the C.P Act,2019.

 On the above, we are of the view that the subject matter of the instant complaint does not fall within the periphery of the consumer protection Act, 2019 and as such this Forum/Commission has got no jurisdiction to entertain this complaint and accordingly the consumer complaint is not admitted.

The petitioners may ventilate their grievance for redressal in appropriate Forum or court of law, if not otherwise barred by law.

The consumer complaint being no.CC/122/2020 is thus disposed of.

 
 
[HON'BLE MR. Swapan Kumar Mahanty]
PRESIDENT
 
 
[HON'BLE MR. Ashoke Kumar Ganguly]
MEMBER
 

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