Order No:  2                                                                            Date:20/06/2024

Today is fixed for admission hearing. Complainant side is found present. Heard and considered submission. Gone through the complaint petition and the documents annexed with it.

The facts stated in this complaint that both the complainant and the O.p. are residing in the same building named Binapani Apartment 5, Radhanath Banerjee Lane, Bally, Howrah-711201. The O.p. collects regular monthly maintenance charge from the complainant and other flat owners. Complainant’s plea is that earlier the O.p. issued receipts writing name of the subscriber, but recently the O.p. has been issuing receipts writing flat number instead of the name of the subscriber. Being aggrieved complainant sent a legal notice demanding issuance of lawful money receipts.

On scrutiny we have not found the exact name of the O.p., except the initial, in the annexed documents. Moreover, no document has been filed about the role of the O.p. on whose strength the O.p. is collecting the maintenance charge and what is the end use of this charge. In addition to that both the complainant and the O.p. are seem to be members of the building’s association. So any dispute arising out of members of an association would have to be redressed under the terms and conditions of the association and such type of dispute does not come under the scope and purview of the C.P. Act, 2019. So, the complaint is liable to be rejected being not admitted.

Hence, it is,

o r d e r e d

that the complaint case being no.CC/110/2024 be and the same is dismissed being not admitted. No order is passed as to cost.

Dictated & corrected by me.

Member