Order No.  5  dt.  21/03/2017

            The case of the complainant is that he purchased a flat from the o.p. West Bengal Housing Board at a price of Rs.36,91,540/- and one covered car parking space at a price of Rs.3,00,000/-. The complainant took possession a flat and the flat was registered in the name of the complainant. Subsequently the complainant came to know that having the similar size and measurement of the flat the o.p. leased out the flat for a period of 99 years at  reduced price for which the complainant filed this case praying for direction upon the o.p. WBHB to refund the amount of Rs.11,74,720/- treating the deed of sale as lease deed for 99 years. On perusal of the complaint as well as the document filed it appears that the complainant became the absolute owner in respect of the flat in question. There is gulf of difference between the owner and lessee. The Deed executed by the o.p. declaring the complainant as an owner cannot be transformed into a lease deed Therefore we hold that the complaint case is based on misconception of law and accordingly the case is dismissed in limini.