Order No. 2

Ld. Advocate for the complainant is present.

The case is taken up for admission hearing.

Perused and considered the complaint application along with its annexure.

The case of the complainant is that he is a thika tenant in respect of Premises No. 147/H/12, Keshab Chandra Sen Street, P.O. & P.S. Amherst Street, Kolkata – 700 009.

The opposite party is a promoter and developer. According to the complainant there was an oral agreement between him and the opposite party that the opposite party will hand over 40% of the total construction area of the aforesaid premises to the complainant after completion of development and construction of the building within one year but the opposite party has failed to do so.

The complainant further states that he took Rs.11,00,000/- (Rupees Eleven lakhs) only from the opposite party on issuance of money receipts. The said amount was supposed to be adjusted from the ratio of the landlord. The complainant alleges that at the time of oral agreement the opposite party made him sign on some blank papers and is not allowing him to collect rent from the tenants and also threatening him with the help of local goons. As such, complainant was compelled to lodge a complaint against the opposite party with the local police station. The complainant also served notice through his Advocate on 13/10/2023 but the opposite party did not pay any heed to it. So, finding no other alternative the complainant has filed this case on the prayer for a direction upon the opposite party to take refund of Rs.11,00,000/- (Rupees eleven lakhs) only from the complainant and/or to construct the building and flat as per oral agreement within one year inter alia on other reliefs.

On perusal of the photo copies of the documents it appears that on 26/09/2014 the complainant executed an agreement for sale in favour of the opposite party to sell all that piece and parcel of thika tenancy land measuring about 1 Cottah 9 Chattack of Premises No.B/123/H/6, Keshab Chandra Sen Street, P.O. & P.S. Amherst Street, Kolkata – 700 009 and thika tenancy land measuring about 1 Cottah 8 Chittack 12 Sq.ft. at Premises No. No.B/123/H/5, Keshab Chandra Sen Street, P.O. & P.S. Amherst Street, Kolkata – 700 009 at a total consideration of Rs.11,00,000/- (Rupees eleven lakh) only.

Complainant has admitted in his complaint application that he received a total sum of Rs.11,00,000/- (Rupees eleven lakh) only from the opposite party.

The photo copy of Advocate’s letter dated 13/10/2023 reveals that the complainant through his Advocate informed the opposite party that he does not intend to sell the said thika property and wants to return the entire money which he received from the opposite party.

It is apparent on the face of the record that the property in question is a thika property. So, complainant is not owner of the thika property and not entitled to transfer, sell or assign the same in favour of any person. Moreover, he has not submitted any document to show that he is the thika tenant of the suit property.

From photo copies of the Municipal Tax receipt it appears that one Bechulal Shaw is a thika tenant in respect of Premises No. 123/H/5, Keshab Chandra Sen Street, P.O. & P.S. Amherst Street, Kolkata – 700 009 and 123/H/6, Keshab Chandra Sen Street, P.O. & P.S. Amherst Street, Kolkata – 700 009.

It is apparent on the face of the record that the complainant is not a consumer in terms of Section 2(7) of Consumer Protection Act, 2019.

That a part, no order can be passed in respect of any thika premises by the Commission.

The complaint case is not maintainable in law and liable to be rejected.

Hence, it is

O R D E R E D

that the complaint case be and the same is dismissed as not maintainable in law.