West Bengal

Kolkata-I(North)

CC/98/2023

Smt. Sangita Munshi - Complainant(s)

Versus

Smt. Mahananda Roychowdhury - Opp.Party(s)

Sudipta Kr. Bhattacharya

21 Jun 2023

ORDER

Consumer Disputes Redressal Commission, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Complaint Case No. CC/98/2023
( Date of Filing : 29 May 2023 )
 
1. Smt. Sangita Munshi
Widow of Late Mithu Munshi alias Atanu Munshi, 18/1D, Murari Pukur Lane, Ward No. 13, P.S. - Ultadanga, Kolkata - 700067.
2. Sri Ayan Munshi
S/o Late Mithu Munshi alias Atanu Munshi, 18/1D, Murari Pukur Lane, Ward No. 13, P.S. - Ultadanga, Kolkata - 700067.
...........Complainant(s)
Versus
1. Smt. Mahananda Roychowdhury
Widow of Late Pratap Kumar Roychowdhury, 67/1 A, Ramkanta Bose Street, Ward No. 8, P.S. - Shyampukur, Kolkata - 700003.
2. Sri Surajit Mondal
C/o Uma Construction, 4, Bagh Bazar Street, P.S. - Shyampukur, Kolkata - 700003.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. Firoza Khatoon PRESIDENT
 HON'BLE MR. Sailaranjan Das MEMBER
 
PRESENT:Sudipta Kr. Bhattacharya, Advocate for the Complainant 1
 
Dated : 21 Jun 2023
Final Order / Judgement

Order No.4

Ld. Advocate for the complainant is present.

The case is taken up for admission hearing.

Perused. Considered. Heard the Ld. Advocate for the complainant..

Ld. Advocate for the complainant submits that the complainant entered into an agreement with the opposite parties on 18/01/2020 to purchase Premises No.67/1A, Ramkanta Bose Street, Kolkata – 700 003 and paid Rs.1,00,000/- (Rupees one lakh) only as earnest money but till date the opposite parties have not registered Deed of Conveyance neither handed over the possession of the said property in their favour.

Hence, this case.

It is apparent on the face of the record that the agreement between the parties was outright sale of a building.

In view of the above, the complainant is not a consumer in terms of Section 2(7) of the C.P. Act, 2019. This Commission lacks jurisdiction to try the case as it is a civil dispute between the parties.

Hence, it is

                                                                                O R D E R E D

that the complaint case be and the same is dismissed without cost.

 
 
[HON'BLE MRS. Firoza Khatoon]
PRESIDENT
 
 
[HON'BLE MR. Sailaranjan Das]
MEMBER
 

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