The complainant is present in person.

Today is fixed for admission hearing of this complaint.

It is stated by the complainant in the petition compliant that she purchased 1BHK flat from the Op and got physical possession of the said flat. After taking hand over of the flat the complainant wanted to sale out the said flat due to financial distress and started searching for buyer to sale out the flat, but no one willing to purchase it as the construction work was not completed. However, she got an intending purchaser, who was willing to purchase the flat at the end of October. Accordingly, the complainant visited the Ops Head Office in the first week of November to know the procedure of selling the flat, but they refused to grant her permission for the sale of the flat mentioning the reason that the flat was purchased by her on discount price as the complainant was an employee at the time of its purchase and as per the opinion of the director the complainant have to pay the discounted amount to sale out the flat or have to take approval from the MD of the Company, which was according to the complainant irresponsible and illegal behavior off the Op as there was no such clause mentioned in the agreement. Accordingly, the complainant contact the MD of the Op company through her whatsapp for approval of the sale of the flat and accordingly the complainant was suggested her to cancel the application and the Op company will refund the whole amount without any deduction. As per the assurance the complainant sent the cancellation mail on 11.09.2020 and handed over the flat keys on 21.11.2020. The complainant request for refund of the amount paid within 90 days in view of refund clause. The allegation of the complainant is that the Op did not take any step to refund her the paid amount till filing of this complaint. Accordingly the complainant has approached before this Ld. Commission praying for refund of the paid amount along with compensation on account of mental agony, harassment and financial loss.

On careful perusal of the petition of compliant and hearing argument advanced by the complainant herself, we are of the view that within the four corners of the complaint petition the complainant did not show us the deficiency in service as well as unfair trade practice of the Op company in pursuance of the contract in which both parties have entered into an agreement for selling an purchasing of the questioned flat. The complainant has admitted that in pursuance of the agreement for sale the Op had delivered the physical possession in the flat in the year 2020. The complainant did not make any prayer for direction to the Ops to execute and register the sale deed in her favour. Therefore, we are of the opinion that the Ops have discharged their entire liability and responsibility in terms of the contract entered into. Until and unless prayer for execution of the sale deed is made by the complainant, we cannot enter into the point. In the present complaint the complainant has come as a seller of the said flat. The Consumer Court is established to resolve the dispute of the Consumer’s and to save them from the exploitation of the unscrupulous service providers. The person who is intending to sale out his or her property for his or her the door of the Consumer Commission cannot be opened in view of the Consumer Protection Act, 2019.

It is claimed by the complainant that the Ops are agreed to refund her the paid amount subject to return of the flat to the Ops, but in this context to corroborative document is annexed by the complainant. No copy of the agreement is hereby filed in which both parties have entered into