Order No. 1                                            Date :  10.09.2015.

Read  the petition lodged under Section 12 of the  C.P. Act, 1986.

Register the case as CC/320/2015. Complainant filed a complaint with a bank draft of Rs. 200/-  bearing no. 989257  dated  07.09.2015 of SBI Howrah.

Fix  10.09.2015  for admission hearing.

Member.               Member.                              President.      

Later.

Order No. 1                                            Date : 10.09.2015.

          This date was fixed for admission hearing of the case. This  Forum heard the ld. counsel for the petitioner who filed this case praying for a direction upon the o.ps. to pay Rs. 2,50,000/- being legitimate claim and Rs. 2 lakhs as compensation for mental agony and harassment and  Rs. 30,000/- as litigation costs. 

          The petitioner’s counsel submitted that the petitioner had a sale agreement with the o.ps. on 17.9.2013 for purchase of a plot of land at a consideration of Rs. 4 lakhs and out of the same he paid Rs. 1 lakh during agreement on 17.09.2013 and paid Rs. 3 lakhs on 21.02.2014 but the o.ps. did not execute the deed of conveyance of the said bastu land measuring 2 cottah 10 chittak as mentioned in the schedule of the petition and thus the petitioner filed the case.

          This Forum while considering the different points like court fees, limitation and others finds that every thing was O.K. in this case but this Forum has no jurisdiction to deal with such cases wherein from the agreement of sale it is noticed that it was a sale simplicitor and thus the petitioner in the instant case cannot be a consumer. It is fact that he advanced money during agreement of sale and further paid the total consideration but there is no stipulation for development of property by raising construction or for rendering any service under the terms of agreement and thus being a transaction of sale simplicitor the petitioner is not a consumer.

          In view of above the case is not maintainable as this Forum has no jurisdiction  to try such case.

          In the result, the application CC Case  320 of 2015 fails as not maintainable being beyond jurisdiction of this Forum as the  petitioner is not a consumer

          Supply the copy of this order to the parties, free of costs.