Today is fixed for passing order on the issue as to admissibility of the complaint.

After giving consideration to the submission advanced by the Ld. Advocate of the complainant and also to the material on record we see that the shop room being no. 21 and 22 housed in premises no. 3, Kashinath Dutta Road, Kolkata-700036 is the subject matter of the dispute in between the complainant and the OPs. But there is no agreement for development or premises no. 3 into a multi storied building consisting of flats and shop rooms. The petition of complaint is indicative of the ready condition of the shop rooms when the same were allegedly booked. Copy of agreement in between the complainant and the OPs have not been filed. Copy of plan sanctioned by the authority in respect to premises no. 3 or the aforesaid shop rooms has not been filed. Simply a money receipt granted by the OP and a rough sketch map have been filed. Copy of trade licence granted by the concerned municipality in respect to the aforesaid premises being no. 3 has been filed. But the same does not bear any mention about shop no. 21 and 22. In the absence of relevant documents such as plan, development agreement and agreement for sale, we are unable to treat the complainant as a consumer under Consumer Protection Act.

Hence it is ordered that the case is disposed of as being not admitted.

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

Dictated and Corrected by

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT