Complainants filed this case against Mr. Soumen Roy Choudhury alleging deficiency in service and unfair trade practice on the part of the O.Ps. Case of the complainants in brief is that Complainants purchased a flat from Mr. Soumen Roy Choudhury - O.P.  who was enjoying a flat allotted the same to the complainants by executing a Deed of Assignment on 01.03.2022 . As per the said assignment the complainant paid consideration amount to the said Mr. Soumen Roy Choudhury in respect of a complete flat which has been enjoyed by Mr. Soumen Roy Choudhury.

 As per section 2(42) of the Consumer Protection Act, 2019 “service” means service of any description which is made available to potential users and includes, but not limited to, the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, telecom, boarding or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service;”

In such view of the matter, we arrived at the decision that there is no relationship between the complainant and O.P. - developer as a consumer vis-a-vis service provider. Therefore, the instant case is not admissible under the Consumer Protection Act, 2019.

Hence, the instant case being no. CC/204/2023 is dismissed being not admitted.

Let a plain copy be given to the parties free of cost as per CPR.

Dictated and corrected by

[HON'BLE MRS. Sagarika Sarkar]
MEMBER