In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 121 / 2010.
1) Sri Raju Barman,
21/5A, Dhirendra Nath Ghosh Road, Kolkata-700025. ---------- Complainant
---Versus---
1) Sri Bistupada Mukherjee,
22A, Dhirendra Nath Ghosh Road, Kolkata-700025. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Smt. Jhumki Saha, Member.
Order No. 1 8 Dated 29/02/2012.
The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by the complainant Sri Raju Barman against the o.p. Sri Bistupada Mukherjee. The case of the complainant in short is that he entered into an agreement for sale dt.5.7.2000 with the o.p. and his brother since deceased who has the property having an area of 1 katha 10 chatak of land on consideration of Rs.1,18,000/- and out of which complainant paid Rs.87,000/- and it was stipulated that balance payment of Rs.31,000/- will be paid by complainant after the completion of sale. But o.p. did not registered the deed of conveyance in favour of complainant as per agreement mentioned above. Hence the case.
O.p. had entered its appearance in this case by filing w/v and prayed for dismissal of the case.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular. We find that the subject matter in issue is a sale of piece of land which does not come within the purview of the C.P. Act, 1986 and complainant cannot be construed as a consumer since because such sale of piece of land falls within the Transfer of Property Act and remedy lies elsewhere not in any Consumer Forum.
In view of the above findings we are of the view that the instant case is not tenable in law in this Forum and is liable to be dismissed.
Hence, ordered,
That the case stands dismissed on contest.
Supply certified copy of this order to the parties.
_____Sd-_______ _____Sd-____
MEMBER PRESIDENT
