Order No. 2                            Dated: 29.05.2023

Today is fixed for admission hearing.

Ld. Advocate for the petitioner is present.  An application U/S 34 of the C.P. Act, 2019 is filed for the petitioner and the same is registered as MA/263/2023.

Heard Ld. Advocate for the petitioner on admissibility of the Consumer Complaint.

On perusal of the complaint petition it appears that the petitioner entered into an agreement for land with the OP in the year 2022 and accordingly the petitioner paid Rs.1,40,000/- in advance out of total consideration of Rs.2,10,000/- to the OP for purchasing a land measuring about 1 cottah 10 chittak comprise in Dag No. 1508 under LR Khatian No. 259 Lying and situated at Mouza- Radhanagar, JL No. 26, Pargana Medanmollah, 24-Parganas South. The petitioner requested the OP personally to register the Deed of conveyance in her favour in respect of ‘B’ schedule land in the agreement. But inspite of several requests the OP did not pay any heed to it.  Prayer of the petitioner is for passing an order directing the OP to refund the said amount of Rs.1,40,000/- with interest along with other prayer. 

On the above, we are of the opinion that the matter as made out in the complaint petition does not come within the periphery of the CP Act, 2019 and the said matter is Civil in nature.

Hence, the Consumer Complaint is not admitted.  The MA/263/2023, as such, stands dismissed. 

However, the petitioner is at liberty to file afresh in appropriate Forum / Court of Law on the same cause of action having territorial jurisdiction, if so advised and if not otherwise barred by law. 

MA/263/2023 is thus disposed of.