Order No.  03    Date :  27.11.2020

            Perused the petition of complaint coupled with document annexed with the record.

            It appears from the said documents that complainant had booked a  residential flat measuring about 350 Sq. ft. more or less on the 3^rd  floor of premises No. 5/H/2/1 Bibi Bagan Lane, P.S. Entally, Kolkata - 700015 at a consideration amount of Rs.1300/-  per Sq. ft. vide agreement dated 19.07.2014. It also appears that the complainant had paid a sum mof Rs.3,00,000/-  by installments, last one being on 04.11.2015. According to the complainant the Developer did not handover the said flat nor refunded the paid amount even after making several settlement agreement dated 19.07.2017, 09.07.2018 and 12.10.2018.

 Fact remains that the complainant booked the said flat for tenancy purpose and is liable to pay Rs.4,55,000/- as consideration amount. In our opinion, the complainant is not a consumer Under Section–7 of the Consumer Protection Act, 2019 as there is relation between the parties as Landlord and Tenant.

            Having regard to the facts of the case disclosed in the consumer complaint, we are of the view that the complainant is not a consumer under the definition of Section-7 of the Consumer Protection Act, 2019. Thus, the consumer complainant is not admitted and liable to be dismissed.

            Hence,

ORDERED

That the consumer complaint is not admitted and dismissed as the complainant is not a consumer.  

Liberty be given to the complainant to file afresh before the appropriate court of law, if so desired and if not otherwise barred by law.