West Bengal

Nadia

CC/1/2023

ANIMESH MAHATO - Complainant(s)

Versus

RINA DUTTA - Opp.Party(s)

GOURAB MANDAL

08 Feb 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
NADIA
170,DON BOSCO ROAD, AUSTIN MEMORIAL BUILDING.
NADIA, KRISHNAGAR
 
Complaint Case No. CC/1/2023
( Date of Filing : 02 Jan 2023 )
 
1. ANIMESH MAHATO
AGED 42 YEARS, S/O- ANIL MAHATO, BETHUADAHARI, KANTHALBERIA, P.O.- BETHUADAHARI, P.S.- NAKASHIPARA, DIST- NADIA, PIN- 741126
NADIA
WEST BENGAL
...........Complainant(s)
Versus
1. RINA DUTTA
W/O- AKASHAY DUTTA R/O- DIJENCHANDRA CHANDRA ROAD (SIMANTA PALLI), P.O.- KRISHNAGAR, P.S.- KOTWALI, DIST- NADIA, PIN- 741101
NADIA
WEST BENGAL
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. DAMAN PROSAD BISWAS PRESIDENT
 HON'BLE MR. NIROD BARAN ROY CHOWDHURY MEMBER
 
PRESENT:GOURAB MANDAL, Advocate for the Complainant 1
 
Dated : 08 Feb 2023
Final Order / Judgement

CC/01/2023

 Order No.04

Dated:08.02.2023

 

Today is fixed for admission hearing.

Ld. Adv. for the complainant is present. Case is taken up for admission hearing. Hd. Ld. Adv. for the complainant. Perused the petition of complaint. Complainant stated in the petition that he enter into agreement for sale with OP on 07.08.2022 but subsequently defect of title of property was found and OP did not clear the same before the complainant and he did not return the consideration amount in favour of the complainant. Hence the complainant filed this case for recovery of Rs.4,00,000.00 from the OP and for compensation of Rs.99,000.00 from the OP along with other reliefs.

          On careful perusal of the contents of petition of complaint we find that in view of the aforesaid situation complainant cannot be treated as Consumer and OP cannot be treated as service provider and the aforesaid allegations does not come within the purview of Consumer Protection Act,2019. Hence,

                   It is

                                                          Ordered

                                                                             That the present case be and the same vide no.CC/01/2023 is not maintainable and same is accordingly not admitted. The case is dismissed as not maintainable.

 
 
[HON'BLE MR. DAMAN PROSAD BISWAS]
PRESIDENT
 
 
[HON'BLE MR. NIROD BARAN ROY CHOWDHURY]
MEMBER
 

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