ORDER NO. 2 DT. 20.03.2013

MR. S.COARI, LD. MEMBER

          The record is placed today for passing necessary orders in respect of admissibility of the present petition of complaint.  On perusal of the petition of complaint we find that the complainant, Mr. Kashi Nauth Chunder, has filed the present petition of complaint against the Ops namely the OP No. 1, M/s. N.P.Enterprise, Promoter, and the OP No. 2, West Bengal Industrial Development Corporation Limited, Lesee.

          The main contention of the petition of complaint is that the case property was leased to Carter Puller & Co. Ltd., a Govt. of West Bengal Enterprise, which is in the process of liquidation by West Bengal Industrial Development Corporation Ltd. and in terms of the said liquidation process the property was sold by unscrupulous cestui que trust, who have no locus standi or right to sell/transfer the property in question thereby depriving the complainant, who is one of the legal heirs and residuary legatee in respect of the property in question.  The complainant had claimed relief as per Section 34 and Section 35 of Specific Relief Act, 1963 along with a prayer to declare the sale in question to be void and restore the property after paying compensation of Rs 1.00 crore to the complainant.

          If that be the nomenclature of the petition of complaint, we do not think that the subject matter of the dispute including the reliefs claimed by the complainant therein come under the purview of the Consumer Protection Act, 1986 and accordingly, we are of the considered view that the present petition of complaint is not at all maintainable and as such, not admissible as per provisions of the Consumer Protection Act, 1986.

          Hence, it is ORDERED that the petition of complaint stands dismissed without being admitted.