Complainant  is present. This is a complaint filed by one Mr. Safdar Ali of Basistha Road, Natun Bazar, Dist.Kamrup, Assam against Bharatvilla Projects Private Ltd, West Bengal and its developer , Mr.Baren Ray Malakar.

          We have carefully perused the documents annexed with the complaint petition which includes the agreement for booking a plot of land, installment paid by cheque on different dates and a letter sent to the director  for terminate the deal etc.

          We have heard the complainant  and perused complaint petition which indicates that the plot No. B 13 booked by the complainant is already allotted to someone and they will refund the money by January/2022. It reveals  that complainant due to lock down,  facing financial crisis  and requested the respondent to terminate the agreement and to refund the deposit money as disclosed in the agreement no. 3 is that in case of default of two consecutive monthly installments the agreement shall automatically terminated  and the vendor/first party shall refund the amount within 30 days. In the complaint petition it is alleged that instead of repeated request opp.party,   to make refund of the money paid by the complainant  .

         In our humble opinion the matter of dispute between  the present parties  does not come within the purview of deficiency  in service as defined under consumer law and it is not a case of sale of goods etc as it apparently a dispute  arising out of a  sale agreement .

          Hence , petition is dismissed and complainant may approach   the proper forum for remedy etc. if so desired.