West Bengal

StateCommission

IA/22/2022

Godrej Properties Ltd. & Another - Complainant(s)

Versus

Sachin Jain - Opp.Party(s)

Ms. Tanusree Dhar

17 Jan 2022

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
Interlocutory Application No. IA/22/2022
( Date of Filing : 13 Jan 2022 )
In
Complaint Case No. CC/217/2018
 
1. Godrej Properties Ltd. & Another
5th floor,Pirojshanagar, Eastern Express High Way,Vikhroli,(East), Mumbai-400079 and its Kolkata Office at Godrej Waterside, Tower-2,Unit No.109,Plot No.5,BlockDP, Sector-V,Saltlake City, P.O. Sech Bhavan, P.S.-Bidhannagar, Kolkata-700091.
...........Appellant(s)
Versus
1. Sachin Jain
S/o Ramesh Chandra Jain, R/o Unit no. 1901, Kanchenjunga Tower, Godrej Prakriti, 187F/1, B.T. Road, Kolkata-700 115 & presently R/o 18322, 39th Drive Southeast Bothell, Washington, USA, 98012.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE ISHAN CHANDRA DAS PRESIDENT
 HON'BLE MRS. SAMIKSHA BHATTACHARYA MEMBER
 
PRESENT:Ms. Tanusree Dhar, Advocate for the Appellant 1
 
None appears
......for the Respondent
Dated : 17 Jan 2022
Final Order / Judgement

HON’BLE MR.JUSTICE ISHAN CHANDRA DAS,PRESIDENT

          This Interlocutory Application has been filed by the Opposite Parties challenging maintainability of the Complaint Case on the ground that the Complainant Sachin Jain does not have any subsistence interest in the property, being the subject matter of the Complaint Case. None appears for the complainant at the time of Virtual Hearing .

          On the other hand, Ld.Counsel for the OPs, who appears through Virtual hearing, submits that the complainant being the OP of the instant petition sold out the property purchased by him and left no subsisting interest therein. In support of her contention she produced a copy of the Deed of Conveyance dated 10.8.2020 wherefrom it appears that the complainant of CC/217/2018 transferred the property by sale in favour of one Mrs. Tandra Debnath and as such he lost his status as a consumer within the meaning of Section 2(1)(d) of the C.P.Act, 1986. On perusal of the said Deed of Conveyance  (Annexure- A), we find substance in the argument as advanced by ld. Counsel for the OPs and accordingly we hold that the Complainant of C.C/217/2018 i.e. Mr. Sachin Jain has no right to continue as Consumer to maintain the Complaint case against the OPs.

          Hence, we allow the petition being IA/22/2022 and hold that the Complaint case being CC/217/2018  is not maintainable. We do not pass any order as to costs.

 
 
[HON'BLE MR. JUSTICE ISHAN CHANDRA DAS]
PRESIDENT
 
 
[HON'BLE MRS. SAMIKSHA BHATTACHARYA]
MEMBER
 

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