Order No. 3.
Ld. Advocate for the complainants is present.
The case is taken up for admission hearing.
Perused and considered the complaint application.
Heard Ld. Advocate for the complainants.
The case of the complainants is that they took lease vide Lease Deed dated 27/10/2021 from the opposite party nos.1 and 2 of one BHK flat measuring about 289 sq.ft., a little more or less having covered area of 332 sq.ft., a little more or less with 15% super built up area of North middle side of the 2nd floor being flat no.203 at Premises No. T5/1C, Pran Nath Chowdhury Lane, Kolkata – 700 002, P.S. Cossipore for a consideration amount of Rs.11,00,000/- (Rupees eleven lakh) only. On execution of the Lease Deed the opposite party nos.1 and 2 delivered the possession of the flat on 27/10/2021 to the complainants.
Thereafter, on 22/01/2022 the opposite party nos.3 and 4 forcefully took the possession of the said flat by breaking the padlock. The complainants lodged a written complaint with Cossipore P.S. and accordingly Cossipore P.S. Case No.41 dated 01/04/2022 has been initiated U/S 420/120B of I.P.C.
The complainants subsequently learnt that the opposite party nos.1 and 2 sold the said flat to opposite party nos.3 and 4 also. According to the complainants the opposite parties in collusion and in connivance with each other cheated complainants to the extent of
Rs. 11,00,000/- (Rupees eleven lakh) only which he paid to opposite party nos.1 and 2 as consideration of the Lease Deed dated 27/10/2021.
Therefore, the opposite party nos.1 and 2 are liable for deficiency of service as the possession of the flat has not been delivered to the complainants neither the opposite party nos.1 and 2 refunded the consideration amount paid by them.
Hence, this case.
It is apparent on the face of the complaint application that the dispute between the parties is not related to any ‘housing construction’ as mentioned U/S 2(42) of the Consumer Protection Act, 2019.
Moreover, from the photo copy of the unregistered Lease Deed for 99 years in respect of the flat in question executed between the complainants and the opposite party nos.1 and 2 reveals that Premises Nos.T5/1C, Prem Nath Chowdhury Lane, P.S. Cossipore, Kolkata – 700 002 is a thika tenancy property.
Having considered the discussion made above we have no hesitation to hold that the complainants are not consumers in terms of Section 2(7) of the C.P. Act, 2019.
As such, this Commission has no jurisdiction to entertain the complaint application filed by the complainants and the same is liable to be rejected.
Hence, it is
O R D E R E D
that the complaint case be and the same is dismissed as not maintainable in law.
Dictated by me
…....................
President
