Order No.  02    Date :  27.11.2020

            The case is taken up for Admission hearing.

            Heard the Ld. Advocate for the complainant who submits that the complainant had booked a flat measuring about 200 Sq. ft. more or less on the 4^th floor of premises No. B/6/1B/H/4, Rameshwar Shaw Road, Kolkata - 700014 at a monthly rental of Rs.1.50 per Sq. ft. He further submits that the total consideration of the flat is Rs.4,60,000/-  and out of which complainant had already paid Rs.4,30,000/- to the OP against money receipts. According to him, the OP did not handover the tenanted flat to the complainant despite several requests and there is deficiency in service and unfair trade practice on the part of the OP.

 Fact remains that the complainant booked the flat for tenancy purpose and is liable to pay Rs.1.50 per sq. ft. as monthly rent. In our opinion, the complainant is not a consumer Under Section–2(7) of the Consumer Protection Act, 2019 as there is relation between the parties as Landlord and Tenant.

            Having regard to the facts of the case disclosed in the consumer complaint, we are of the view that the complainant is not a consumer under the definition of Section-2(7) of the Consumer Protection Act, 2019. Thus, the consumer complainant is not admitted and liable to be dismissed.

            Hence,

ORDERED

That the consumer complaint is not admitted and dismissed as the complainant is not a consumer.  

Liberty be given to the complainant to file afresh before the appropriate court of law, if so desired and if not otherwise barred by law.