Date of Filing: 13.12.2019

Date of Disposal: 27.12.2019                                                                                             

          This Complaint is filed by the Complainant under Section 12 of CP Act, 1986, alleging deficiency in service as well as unfair trade practice against the Op as the Op did not execute the Sale Deed in respect of the questioned ground floor premises measuring 590 Sqft, including Super Built up area at 157/1, B.T. Road, Kolkata- 700108 for a total consideration of Rs. 11,00,000/- (Rs. Eleven Lac) only.

          The brief fact of the Complaint is that with a view to purchase the ground floor premises measuring 590 Sq. ft, including Super Built up area at 157/1, B.T. Road, Kolkata- 700108, the Complainant approached the Op and entered into an ‘Agreement for Sale’ for purchasing the ground floor premises.

           The total consideration of the said premises was scheduled as Rs. 11,00,000/- (Rs. Eleven Lac) only. Accordingly the Complainant paid a sum of Rs. 6,38,000/-. The balance payment ought to have been made by the purchaser and the Op shall execute the Deed of Conveyance in favour of the purchaser and registered the Deed with the appropriate registering authority. But the Op did not execute and register the said Deed of Conveyance as per terms and conditions of the Agreement.          

            It is evident from the Agreement that the Complainant has entered into an Agreement for Sale of a property construction of which has already been completed on the day of the Agreement.

            In terms of Section 2(1)(d) of the Consumer Protection Act, 1986 if a person inters into an Agreement to purchase a ready built up accommodation, such a transaction would not be covered under the Consumer Protection Act. Since the purchaser cannot be said to be a Consumer within the meaning of the said Section asthere is no question of hiring or availing any services of the seller in a transaction for sale of ready built up accommodation.

            The term ‘Service’ has been defined by the Consumer Protection Act to include the housing construction. Therefore, if there is hiring or availing of the services for the purpose of housing construction only then the buyers would be a Consumer within the meaning of Section 2(1)(d) of the Consumer Protection Act, 1986. In the transaction for sale of a ready built up house, no element of the service of housing construction is involved. Therefore, neither a Consumer Complaint would be maintainable in respect of such a transaction, nor the Consumer Forum would have the jurisdiction to entertain such a Complaint.

            In this respect we may mention to the Judgment passed by the Hon’ble National Consumer Disputes Redressal Commission, New Delhi in the case of Ratna Roy Vs. Babul Sarkar & Another, on 24^th December, 2017, wherein it has been held that purchasers of a Ready Built up accommodation will not come under the purview of the Consumer Protection Act and the Complainant will not be treated as a Consumer in terms of the Consumer Protection Act, 1986.

            Going by the foregoing discussion, it is ordered that the Consumer Complaint being no. CC 184/2019 is hereby dismissed as it is not maintainable under the C.P Act, 1986.

            However, the Complainant will be at liberty to seek redressal in Appropriate Forum/ Court/ Commission, if not barred otherwise. 

            Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.

         Dictated & Corrected by

 [Hon’ble MR. Abinash Ch. Sarkar]

                   MEMBER