INDRAJIT DUTTA S/O MAKHAN LAL DUTTA Vs. SAMRIDDHI DEVELOPERS PVT LTD ; SWAPNA RAKSHIT; ANURADHA DE; SUTAPA MILLER

JUDGEMENT

(1.) This appeal has been filed by appellant against order dated 16.10.2014 passed by learned State Commission in complaint number 20/2012 "Shri Indrajit Dutta versus Samridhi Developers Pvt. Ltd. & Ors." by which complaint was dismissed.

(2.) Brief facts of the case are that complainant appellant purchased two flats for his personal residence use from opposite party / respondents who were owners and developers for a sum of ?30,25,000/-. Even after expiry of 7 years from receipt of sanctioned plan, finished work of flats has not been completed and possession has not been given which was to be given by 07.02.2010. Alleging deficiency in service on the part of the opposite parties, complainant filed complaint before the State Commission claiming huge compensation. Opposite party filed application and submitted that complaints were not maintainable as purchase of two flats by complainant amounts to commercial purpose and complainant does not fall within the purview of the consumer. Objection regard pecuniary jurisdiction was also raised and it was further submitted that sale is also under challenge before Civil Court and prayed for dismissal of complaint. Learned State Commission after hearing both the parties dismissed the complaint as not maintainable as complainant does not fall within the purview of the consumer, against which this appeal has been filed.

(3.) Heard learned counsel for the parties finally at admission stage and perused record.