| Additional District Consumer Disputes Redressal Commission, Rajarhat (New Town ) | | Kreta Suraksha Bhavan,Rajarhat(New Town),2nd Floor | | Premises No. 38-0775, Plot No. AA-IID-31-3, New Town,P.S.-Eco Park,Kolkata - 700161 |
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| Complaint Case No. CC/287/2023 | | ( Date of Filing : 23 Aug 2023 ) |
| | | | 1. Smt. Soumili Basu, D/o-Late Biswanath Basu | | Residing at 274 Canal Street, 1st floor, P.S- Lake Town, Kolkata-700089, and presently Residing at 344, Lake Town , Block-A, P.O- Lake Town , P.S- lake Town, kolkata-700089, North 24 parganas, West Bengal. |
| ...........Complainant(s) | |
| Versus | | 1. M/s Chowdhuri Projects Private limited | | Office at 207, lake Town , Block- B, P.O- Lake Town, P.S- lake town, Kolkata-700089, North 24 parganas, west Bengal. | | 2. Sri Soumitra Chowdhury ( Managing Director of Chowdhury Projects Pvt. Ltd)) S/o Sadhan Chowdhury | | Residing at 207, Lake Town , Block- B, P.O- Lake Town, P.S- lake town, Kolkata-70089, North 24 parganas, west Bengal. | | 3. Smt. Sarmistha Chowdhury ( Director of Chowdhury Projects Pvt. Ltd.) W/o Sri Soumitra Chowdhury | | Office at 207, Lake Town , Block- B, P.O- Lake Town, P.S- Lake Town, Kolkata-70089, North 24 parganas, west Bengal. | | 4. Smt. Chitralekha Ganguly W/o Late Ashis ganguly Alias Gangopadhyay | | Residing at 330/A1, Lake Town, Block-B, P.O- Lake Town, P.S- Lake Town, kolkata-700089, north 24 parganas, West Bengal. | | 5. Sri apratim ganguly S/o Late Ashis Ganguly Alias Gangopadhyay | | Residing at 330/A1, Lake Town, Block-B, P.O- Lake Town, P.S- Lake Town, kolkata-700089, North 24 parganas, West Bengal. |
| ............Opp.Party(s) |
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| Final Order / Judgement | Ld. Advocate of Complainant is present. Case is taken up for hearing on the point of admission. Heard the Ld. Advocate of the Complainant at length. Perused. Considered. The main allegation of the Complainant is centering relating to a shop room in question upon which an agreement for sale has been executed on 26.07.2013 in between one Asish Gangopadhyay (alias Ganguli) and OP 1 in one side and Complainant in other side. Further it may be noted that there is no whisper to the effect that said proposed shop room would be the purpose of earning livelihood of the Complainant, by means of self-employment. Further it may be noted that measurement of any shop room, may be too small which Ld. Advocate of the Complainant tried to draw attention of this Commission during hearing. But measurement of any shop room is not the criteria, but the expression ‘Commercial Purpose’ to be looked into by this Commission at the very basis, especially in this type of case whether the shop room in question is for commercial purpose or not. So, this Commission is of the view that as per Section 7 of the C.P. Act, 2019 the status of Complainant cannot come within the ambit of Consumers. Naturally, the dispute in question of this case cannot be termed as ‘Consumer Dispute’. In view of the above discussion and going through the petition of complaint meticulously this Commission is of the view that even there is no indication prima facie to proceed further with the case. Thus, instant petition of complaint stands rejected. Dictated and corrected by [HON'BLE MR. Shri Sankar Kumar Ghosh]
PRESIDENT | |
