Order no.  3, dt. 20.03.2023

Today is fixed for further admission hearing.

Ld. Advocate for the complainant is present.

Heard and considered submission.

Perused the complaint petition and the documents annexed along with the complaint petition.

On close examination of the materials of this case record it appears that the complainant is claiming title in respect of the schedule mentioned property by filing this case but facts remain that this District Commission is not the proper Forum for vesting title to the complainant. Moreso, this case has been filed in respect of a flat of Dankuni Phase I, LIG Cooperative Housing Society Ltd. but fact remains that the complainant has neither impleaded West Bengal Housing Board nor Dankuni Phase I, LIG Cooperative Housing Society Ltd. as a party of this case and so this case is bad for defect of parties. Moreover, in this case the complainant has sought for the relief which is coming under the purview of Specific Relief Act. So, Civil Court is the proper jurisdiction for filing this case.

Considering all the above noted factors this District Commission is of the view that this complaint case is not maintainable and this District Commission has no jurisdiction to try this case.

In the result, it is accordingly,

Ordered

that this complaint case no. 37 of 2023 be and the same is dismissed.

No order is passed as to costs.