West Bengal

Rajarhat

CC/18/2021

Sunil Kumar Ghosh S/o Sri Laxman Chandra Ghosh - Complainant(s)

Versus

Smt. Mukti Rani Deb Wife of Late Baikunta Deb - Opp.Party(s)

Mr. Debayan Sinha

28 Jan 2021

ORDER

Additional Consumer Disputes Redressal Commission, Rajarhat (New Town )
Kreta Suraksha Bhavan,Rajarhat(New Town),2nd Floor
Premises No. 38-0775, Plot No. AA-IID-31-3, New Town,P.S.-Eco Park,Kolkata - 700161
 
Complaint Case No. CC/18/2021
( Date of Filing : 13 Jan 2021 )
 
1. Sunil Kumar Ghosh S/o Sri Laxman Chandra Ghosh
659 Jessore Road, Block A, P.S- Lake Town, Kolkata-700055.
...........Complainant(s)
Versus
1. Smt. Mukti Rani Deb Wife of Late Baikunta Deb
P-11 Bangur Avenue Block A, P.S- Lake Town, Kolkata-700055.
2. Ashim Kanti Deb S/o Late Baikunta Deb
P-11 Bangur Avenue Block A, P.S- Lake Town, Kolkata-700055.
3. Amal Kanti Deb S/o Late Baikunta Deb
P-11 Bangur Avenue Block A, P.S- Lake Town, Kolkata-700055.
4. Arun Kanti Deb S/o Late Baikunta Deb
P-11 Bangur Avenue Block A, P.S- Lake Town, Kolkata-700055.
5. M/s Kalpataru Developers
office at 54 R, N Tagore Road, P.S- Dum Dum. Kolkata-700077
6. Dhruba Jyoti Chakroborty S/o Sri Rabindra Nath Chakroborty
180 Rabindra Nath Tagore Road, Kolkata-77, P.S- Dum Dun.
7. Tapas Roy S/o Sri Surendra Chandra Roy
784 Purba Sinthee Road. P.S- Dum Dum, Kolkata-700030
8. Sanjoy Banerjee S/o Sri Bibekananda Banerjee
628 A Purba Sinthee Road, P.S- Dum Dum, Kolkata-700030.
9. Ajoy Ghosh S/o Sri Ashutosh Ghosh
513 Purba Sinthee Road P.S- Dum Dum. Kolkata-700030
10. Amiya Kumar Deb S/o Late Akshoy Deb
P-11 Bangur Avenue Block A, P.S- Lake Town, Kolkata-700055.
11. Smt Peyal Deb Wife of Late Ajoy Kumar Deb
P-11 Bangur Avenue Block A, P.S- Lake Town, Kolkata-700055.
12. Ayan Kumar Deb S/o Late Ajoy Kumar Deb
P-11 Bangur Avenue, Block A, P.S-Lake Town, Kolkata-700055
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Lakshmi Kanta Das PRESIDENT
 HON'BLE MRS. Silpi Majumder MEMBER
 
PRESENT:
 
Dated : 28 Jan 2021
Final Order / Judgement

The Ld. Counsel for the Complainant is present.        

            Today is fixed for admission hearing of this complaint.

            At the time of hearing on the point of admissibility of this complaint it is noticed by us that the Complainant purchased a shop room from the Ops measuring a covered area of 265 Sqft. In the ground floor of the concerned building. Within the four corners of the Complaint no where it is mentioned by the complainant that for earning his livelihood by means of self-employment the Complainant purchased the said shop room. During hearing it is submitted by the Ld. Counsel for the Complainant that for commercial purpose the Complainant purchased the said flat room. Therefore in view of the definition of Consumer as enumerated in the CP Act 2019 the present Complainant cannot be a Consumer within the purview of the said Act.

            The Complainant prayed for liberty from this Ld. Commission, so that the fresh Complaint is filed after amending the same. It is also submitted the Complainant that due to inadvertence the said words are not incorporated in the petition of Complaint. Actually for the purpose of his livelihood by means of self-employment the Complainant purchased the said shop room.

            Upon considering the abovementioned contention of the Complainant we are of the opinion that the Complainant be given liberty to file a Complaint before the appropriate Commission/Court, if not bared otherwise.

            Going by the foregoing discussion hence it is ordered that the Consumer Complaint being no. CC 18/2021 is hereby dismissed without being admitted. There is no order as to costs. Liberty is given.

            As the Complaint is not admitted, the Complainant is at liberty to get return of the copy of the Complaint and other related documents as filed by him at the time of filing of this Complaint, in this respect the Complainant has to submit an application before the appropriate authority of this Ld. Commission. The appropriate authority of this Commission is hereby directed to take an immediate step upon receipt of the application, so that the Complainant can get return the aforementioned without any further delay.

            Let plain copy of this order be given to the parties free of cost as per CPR.

 

 
 
[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT
 
 
[HON'BLE MRS. Silpi Majumder]
MEMBER
 

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