Today is fixed for order.

We have taken into consideration the material available on record and the submission advanced by the Ld. Advocate of the complainant.

In this case we see that a development agreement was made by the landlords and promoters for development of a piece of land into a multi storied building having a number of flats. The developers allegedly made an agreement with third party for sale of owner’s allocation. The complainant being one of the landlords has sought for cancellation of the agreement with the third party and for declaration that the agreement so made was null and void. In a nutshell a case of fraud has been unfolded by the complainant in the petition of complaint. The case as made out does not come within the ambit of CP Act. Neither deficiency in service nor defects in the goods has been alleged. The present case is not at all maintainable. Therefore, the case cannot be admitted.

Hence it is ordered that the case be and the same is dismissed for being not admitted.

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

Dictated and Corrected by

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT