Order No.10 14.12.2022
Ld. Advocate for the complainants is present.
Ld. Advocate for opposite party nos.1 and 3 and Ld. Advocate for opposite party no.2 are also present.
The case is taken up for hearing of maintainability of the case.
Perused and considered the Complaint application.
Heard both sides.
Ld. Advocate for the complainants submits that the complainants are consumers in terms of Section 2(7)(ii) of C.P. Act,2019. As such, the case is well maintainable in law.
Ld. Advocate for the opposite parties raised strong objection against the submission of the Ld. advocate for complainants.
On perusal of the record we find that the Maa Bameshwari Cold Storage Pvt. Ltd. is Complainant no.1 and Sri Subhajit Saha, one of the Director of Maa Bameshwari Cold Storage Pvt. Ltd. is Complainant no.2.
It has been stated in Complaint application that in the year 2009 the complainant booked a self contained office space measuring about 500 Sq.ft. of super built up area more or less on the back side of the 2nd floor of Premises No.46, Lenin Sarani, P.S. New Market , Kolkata – 700 013 for total consideration of Rs.29,10,000/- (Rupees Twenty Nine Lakh Ten Thousand) only for the official use of Complainant no.1 and till 15/02/20211 paid a sum of Rs.13,77,000/- only in total on different dates.
Thereafter, on 20/07/2011 the complainant entered into an agreement for sale with the opposite parties to purchase the said office space mentioned above.
It is apparent on the face of the record that the complainant no.1 being a Private Limited Company booked the office space for its use as office of Maa Bameshwari Cold Storage Pvt. Ltd. and entered into an agreement on 20/07/2011 to purchase the said office space at Premises No. 46, Lenin Sarani, P.S. New Market , Kolkata – 700 013. So, the consideration which has been apparently paid for the service is for commercial purpose.
In view of the above discussion, it is crystal clear that the complainant is not a consumer in terms of Section 2(7)(ii) of C.P. Act,2019.
So, the case is not maintainable in law.
Hence, it is
O R D E R E D
that the complaint case be and the same is dismissed with cost.
