Order no.  4

Ld. Advocate for the complainant is present.

The case is taken up for admission hearing.

The complainant states that the opposite party nos.3, 4 and 5 are the owners of the land measuring about 1 Cottah 4 Chittak 33 Sq. ft. a little more or less being premises no.9/A/2, Koiborta Para Lane, P.O.- Salkia, P. S.- Malipanchghora, District- Howrah and opposite party nos.1 & 2 one developers. The opposite party nos. 3, 4 and 5 entered into a registered agreement for development on 15.11.2017 with opposite party nos.1 & 2 and also executed a general power of attorney in favour of opposite party nos.1 & 2. Thereafter the opposite party nos.1 & 2 constructed a building at premises no.9/A/2, Koiborta Para Lane, P.O.- Salkia, P. S.- Malipanchghora, District- Howrah as per sanctioned plan issued by Howrah Municipal Corporation.

The complainant purchased a residential flat being no.302 on the first floor measuring about 425 sq. ft. a little more or less at premises no.9/A/2, Koiborta Para Lane, P.O.- Salkia, P. S.- Malipanchghora, District- Howrah for total consideration of Rs.8,92,000/- (Rupees eight lakh ninety two thousand) only by a registered deed of sale dated 11.02.2022. It is alleged by the complainant that the opposite party no.2 after execution of deed of sale did not hand over the key of the said flat to the petitioner as the same was not complete and assured the complainant to hand over the physical possession of the flat within 15 days after completion of the flat. But till date the opposite party nos.1 & 2 have not delivered the possession of the flat in favour of the complainant. So, on 23.06.2023 the complainant sent a legal notice through his advocate to opposite party nos.1 & 2 to deliver the peaceful possession of the flat in his favour but the opposite parties did not pay any heed to it. Finding no other alternative the complainant filed the instant case praying for a direction upon the opposite parties to handover the physical possession of the flat in his favour inter alia with relief for compensation of Rs.4,00,000/- (Rupees four lakh) only. The complainant annexed photocopy of registered deed of conveyance of the said flat.

On scrutiny of the registered deed of conveyance we find that the opposite party nos.1 & 2 on demolishing the previous structure had constructed a multi storied building consisting and comprising of various flats/apartment/godown/shop rooms/garage space and other constructed portion on the land of the said premises in accordance with sanctioned plan issued by Howrah Municipal Corporation.

From the registered deed of conveyance it is crystal clear that after completion of the construction work of the building at premises no.9/A/2, Koiborta Para Lane, P.O.- Salkia, P. S.- Malipanchghora, District- Howrah the complainant outright purchased a constructed flat from the opposite parties.

Therefore in view of the section 92 of the Evidence Act the plea taken by the complainant that the opposite party nos.1 & 2 did not hand over the keys of the flat to the complainant due to non completion of the flat cannot be entertained. The complainant nowhere in her complaint application alleged that there is any deficiency in service on the part of the opposite parties. Moreover as the complainant has outright purchased a complete constructed flat from the opposite parties, she cannot be considered as a consumer in terms of the Consumer Protection Act, 2019.

Having considered the discussion made above we are of the opinion that the complaint case is not maintainable in law, therefore is liable to be rejected.

Hence, it is

O R D E R E D

that the complaint case be and the same is dismissed as not maintainable in law.

Dictated by me

…......................

  President