West Bengal

Kolkata-I(North)

CC/124/2017

M/S Realmark Realty Pvt. Ltd. - Complainant(s)

Versus

M/s. DHFL Property Services Ltd. - Opp.Party(s)

24 Apr 2017

ORDER

Consumer Disputes Redressal Forum, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Complaint Case No. CC/124/2017
 
1. M/S Realmark Realty Pvt. Ltd.
316, Canal Street, Shreebhumi, Kolkata - 700048. And Director, Mercantile Building, 9, Lal Bazar Street, 2nd Floor, Suite No. 68, Block A, Kolkata - 700001.
...........Complainant(s)
Versus
1. M/s. DHFL Property Services Ltd.
Madhava, Ground Floor, Bandra Kurla Complex, Bandra East - 700091.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sambhunath Chatterjee PRESIDENT
 HON'BLE MRS. Samiksha Bhattacharya MEMBER
 HON'BLE MR. Sk. Abul Answar MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 24 Apr 2017
Final Order / Judgement

Order No.  3  dt.  24/04/2017

Heard the Ld. Lawyer for the complainant and perused the materials on record. Complainant has stated in para 1 of the petition that the complainant is a company incorporated under the companies Act, 1956 having its registered office at Mercantile Building, 9, Lal Bazar Street, 2nd Floor, Suite No. 68 Block A, Kolkata – 700001. The instant complaint relates to claim of Rs. 3,00,000/- which was paid to o.p. upon execution of MOU dt. 03/07/2014. It is apparent that the complainant company is carrying on the business for commercial purpose. We are in the view that the complainant is not a consumer under section 2(1)(d)(ii) of C. P. Act 1986. It cannot be said that the complainant company is running its business for earning livelihood by means of self-employment. The said MOU dt. 03/07/2014 was executed for commercial purpose.

In view of above the complainant cannot be termed as consumer under C. P. Act, 1986. Therefore, the instant case is be and the same is dismissed being not maintainable in C. P. Act, 1986.

Certified copy be supplied to the parties free of cost.

 
 
[HON'BLE MR. Sambhunath Chatterjee]
PRESIDENT
 
[HON'BLE MRS. Samiksha Bhattacharya]
MEMBER
 
[HON'BLE MR. Sk. Abul Answar]
MEMBER

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