West Bengal

Maldah

CC/80/2015

Barun Kumar Jha - Complainant(s)

Versus

M/s Kiran Enterprises - Opp.Party(s)

Partha Kr. Misra

09 Dec 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MALDAH
Satya Chowdhury Indoor Stadium,DSA Complex.
PO. Dist.- Maldah
 
Complaint Case No. CC/80/2015
 
1. Barun Kumar Jha
S/o Amal Kr. Jha, Vill-Khanpur, PO.-Dharampur, PS.-Manikchak
Malda
West Bengal
...........Complainant(s)
Versus
1. M/s Kiran Enterprises
R.K.Mission Road, PO.-Malda, PS.-English Bazar
Malda
West Bengal
2. Chandra Nath Jha
Kiran Apartment , R.K.Mission Road, PO.-Malda, PS.-English Bazar
Malda
West Bengal
3. Ramanath Jha
Kiran Apartment , R.K.Mission Road, PO.-Malda, PS.-English Bazar
Malda
West Bengal
4. Mrs. Laxmi Jha
W/o Probuddha Jha Kiran Apartment , R.K.Mission Road, PO.-Malda, PS.-English Bazar
Malda
West Bengal
5. Pratip Kr. Jha, Teacher
S/o Lt.Anath Bandhu Jha, Kotlhati Primary School, Vill.-Kadubari, Po. & PS.-Gazole
Malda
West Bengal
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Debi Prasad Mallik PRESIDENT
 HON'BLE MRS. Nabanita Kar MEMBER
 
For the Complainant:Partha Kr. Misra, Advocate
For the Opp. Party:
ORDER

Order No. 05   dt. 09.12.2015

Heard Ld.advocate for the petitioner. Perused the documents filed by the petitioner. The petitioner is not a consumer as per the Law, there is no deed of agreement for sale with the petitioner to opposite party.  As per the law there is no existence of buyer and seller and the land developer, proprietor and construction of building, sanction plan by the competent authority. The taking of money and the return by installments is not a seller and buyer. So the petitioner cannot be considered as a consumer.

So it is                                          ordered

that the petition of the petitioner cannot be within the purview of the Consumer Protection Act and the petition cannot be considered by this Forum and rejected. 

 
 
[HON'BLE MR. Debi Prasad Mallik]
PRESIDENT
 
[HON'BLE MRS. Nabanita Kar]
MEMBER

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