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

After hearing the Ld. Advocate of the complainant and vetting the petition of complaint we find that a ready shop room was intended to be  purchased by the complainant at Rs. 5,00,000/- and the said shop room has since been under his occupation. The amount of Rs. 5, 00,000/- was paid but subsequently, he sought for refund of the same on the ground that agreement for purchase of the said flat was rescinded. It is in the petition of complaint that Rs. 3, 00,000/- has already been refunded; but Rs. 2, 00,000/- is still lying with the OP. He has filed this case seeking direction to the OP for refunding the said amount of Rs. 2, 00,000/- along with other reliefs. But for two reasons the case cannot be upheld under the CP Act. The first reason is that a ready to occupied shop room was the subject matter of the agreement and the second reason is that the complainant has sought for refund without parting with the possession. The case as framed cannot succeed and therefore, we are not inclined to get it admitted.

Hence it is ordered that the case be and the same is dismissed 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