Today is fixed for admission hearing. The record is taken up for admission hearing.
Heard the Ld.Advocate for the complainants.
On perusal of the complaint and the Xerox copies of document filed by the complainants it appears that the complainants have filed this complaint u/s.12 of the C.P. Act 1986 pray for directing the O.P.Nos.1 and 2 to hand over the flat being No.9A4, Tower-17 at Hiland Greens measuring the saleable area 712.00 Sq. ft. as per agreement and also to execute a registered sale deed in favour of the complainants along with compensation and litigation cost on the ground that the complainants intended to purchase the said flat amounting to Rs.19,46,948/- and they paid Rs.1,80,408/- only as advance on 20.05.2014 and the O.P.No.1 (developer) was agreed to hand over/deliver the said flat/apartment estimated to commence on 1st September 2017 onwards and subsequently the complainants paid the total amount of Rs.19,46,948/- by way of bank demand draft, but after commitment as per agreement the O.P.Nos.1 and 2 did not made allotment of flat in favour of the complainants nor any flat was handed over to them as per letter dt.11.06.18.
From this averment of the complaint it is clear that the complaint is wholly related to the matter of Real Estate business and it attracts the provision of the West Bengal Housing Industries Regulation Act 2017 and the West Bengal Housing Industries Regulation Rules 2017..This Consumer Forum has no jurisdiction to entertain this complaint in view of the said Act and Rules. Under the above facts and circumstances we have no alternative but to return the complaint.
Return the complaint along with Xerox copies of document so filed by the complaints for filing the same before the appropriate authority as provisions of the West Bengal Housing Industries Regulation Act 2017 and the West Bengal Housing Industries Regulation Rules 2017.
Let a copy of this order along with the complaint and documents be handed over to the complainant.
Thus, the case is disposed of.
