Order No. 4                        12/10/2022

Ld. Advocate for the petitioner/opposite party is present.

None appears on behalf of complainant in spite of repeated calls.  It is now 01.25 p.m.

The Application dated 24.05.2022 filed by the petitioner/opposite party is taken up for hearing.

Though copy was served, the complainant has not filed any written objection against the application filed by the petitioner/opposite party.

Ld. Advocate for the petitioner/opposite party submits that the CC/94/2022 is not maintainable in law as there is no relationship of Consumer and Service Provider between the parties to the case in view of the definition of ‘Consumer’  as defined U/S 2(7) of The Consumer Protection Act, 2019.

Ld. Advocate for the petitioner/opposite party further submits that the complainant is a Construction Firm and it undertakes to construct buildings/flats for the purpose of commercial sale.  Therefore, the Complaint Case No. CC/94/2022 is not maintainable and liable to be rejected.

On perusal of the material on record, we find that the Complainant is M/S Bani Construction, a sole proprietorship firm who runs construction business for commercial purpose.  According to the complainant the construction firm M/S Bani Construction entrusted opposite party for construction of a building at premises no. 25B, Baghbazar Street, P.S.-Shyampukur, Kolkata-700003 as he was authorized to do so by the owners of the said property.

It is apparent on the face of the record that M/S Bani Construction, the complainant herein runs his construction business for commercial purpose.  So, in view of 2(7) of The Consumer Protection Act, 2019 the complainant is not a Consumer.  Therefore, the Complaint Case No. CC/94/2022 is not maintainable in the eye of law.

In the light of the observations made above the Misc. Application challenging the maintainability of CC/94/2022 filed by the petitioner/opposite party is allowed.

Thus, the Misc Application is disposed of.