DIST. CONSUMER  DISPUTES  REDRESSAL  COMMISSION

NORTH 24 Pgs., BARASAT.

MA Case No. 136/23

Arising out C.C. NO. 61/2021

P R E S E N T                           :-     Smt. Sukla Sengupta……………….President

 :-      Smt. Monisha Shaw…………………. Member.

 :-      Sri. Avijit Basu………………….……..Member. 

Order No. 17

Date:-10.08.2023

The case is fixed today for passing order over the hearing of maintainability petition being MA 136/23 arising out of CC/61/2021.perused the petition and written objection thereof  along with materials on record. considered.

The O.p./petitioner has stated in her petition challenging the maintainability of the case that the petitioner/complainant is not a consumer at all with in the ambit of C.P. Act 2019 because there is /was no consumer and service provider relationship in between the parties in this case. The petitioner/O.P. further stated that there noting but the land owner of the properties of the question  and not at all a developer. No agreement for sale has ever been executed in between the present petitioner/O.p. and the complainant so this Commission has no scope to adjudication the point of consideration of this case thus the petition of the complainant liable to be dismissed with cost of Rs. 10000/-

The complainant/o.p. has contested the maintainability petition by filing a written objection denied all the allegation labe against them. It is the case of the O.p/complainant that the petitioner/O.p. tried to that the entire money paid by the complainant has part consideration amounting to Rs. 400000/- out of the total consideration of the date of agreement sale dated 12.11.17 and now the petitioner/O.p. challenging the petition complaint without having any ground tried to misappropriate the money which cannot be indulged by this commission and the petition challenging the maintainability of the case filed the o.p./petitioners is liable to be rejected with cost.

On is closed scrutiny of the facts and circumstances of this case and also considering the content of the petition challenging the maintainability of complaint case filed by the O.p. and also the content of the written objection filed by the complaints it is revealed that the question raised by the O.p. regarding the maintainability of the complaint case is mixed question of law and facts. When law and facts would be matter of consideration  in respect of the subject matter instant petition then without going through the evidence that cannot be adjudication properly so at this stage it cannot be held by the commission the case is not main table without scanning the evidence through the proceeding this case.

Under circumstances it is the view of the commission that the petition challenging the maintainability of this case filed by the o.p. has not laid stand upon and liable to be dismissed.

                                         Hence

                                      Ordered,

Instant MA/136/23 arising out of CC 61/21 is consider and rejected on contest without any cost. The M.A. 136/23 is thus disposed off.

Fixing by 29.11.23 for filing questionnaire by the Opposites parties.

Member                                          Member                              President