Order no. 3
Ld. Advocate for the complainant is present.
The case is taken up for admission hearing.
Perused. Considered. Heard Ld. Advocate for the complainant.
The complainant Patangi Trade & Holdings Private Limited a company registered under Company Act, 1956 entered into an Agreement for Sale with the opposite parties to purchase a shop unit admeasuring about 390.31 sq. ft. being Unit No.307 on the 3rd floor of the building named as “Ashyana Enclave” premises no.8, Ramlochan Mullick Street, PS- Jorasanko, Kolkata-700007 fully described in the schedule of the complaint at consideration of Rs.3,90,000/- (Rupees three lakh ninety thousand) only. The complainant paid the entire sum Rs.3,90,000/- (Rupees three lakh ninety thousand) only vide cheque no.017250 drawn on Axis Bank, Lake Town Branch. Upon receiving such payment the opposite party no.1 on 08.02.2010 handed over the possession of the said unit/shop room to the complainant. In spite of receiving the entire consideration amount the opposite parties till date has not executed the Deed of Conveyance in respect of the said unit/shop room fully described in the schedule of the complaint. According to the complainant the opposite parties are liable for deficiency in service, hence this case.
The meticulous scrutiny we find that the complainant is a Pvt. Ltd. Company and it has purchased one unit/shop room at premises no.8, Ramlochan Mullick Street, P.S.- Jorasanko, Kolkata-700007 from the opposite parties and already in possession of the shop room.
It is apparent on the face of the record that the complainant being a Private Limited Company has purchased a shop room for commercial purpose.
Therefore, the complainant is not a consumer in terms of section 2(7) of the Consumer Protection Act, 2019.
This Commission has no jurisdiction to try the case.
Hence, it is
O R D E R E D
that the complaint case be and the same is dismissed without cost.
