J U D G E M E N T

This Consumer Complaint under Section 12 of the C.P. Act has been filed by the complainant- Sri Subodh Kumar Show against the above named O.ps. alleging deficiency in service on their part.

Complainant’s case, in brief, is as follows:-

The O.p nos. 2 to 9 are the owners of the land mentioned in schedule –“A” of the petition of complaint and they entered into an Agreement for Development dated 28.08.2009 with the O.p. no. 1 for the purpose of construction of a multi-storied building and they also executed a registered General Power of Attorney on 28.08.2009 in favour of the O.p. no.1. Thereafter O.p. no.1 entered into an Agreement for Sale dated 02.11.2014 with the complainant in respect of a shop room on the ground floor of G+3 stored building at a consideration of Rs. 7,04,000/-. By virtue of that Agreement for Sale dated 02.11.2014, the complainant paid Rs. 5,00,000/- to the O.p. no.1 on different dates by cheque as well as by cash to the O.p. no.1 and the O.p. no.1 also agreed to deliver the shop room to the complainant within 12 months from the date of execution of the said Agreement for Sale. After expiry of 12 months from the date of Agreement for Sale, the complainant requested the O.p. no.1 on several times to execute the Deed of Sale in his favour and also to hand over the possession of said shop room. Inspite of that, O.p. no.1 failed and neglected to execute Deed of Sale in favour of the complainant and to hand over the possession of the shop room to him for which the complainant through his advocate-Sidhartha Das sent a legal notice to the O.p. no.1 on 09.12.2017 by the registered post with A/D. In respect of receipt of that notice, the O.p. no.1 did neither execute the sale deed nor did he hand over the possession of the said shop room to the complainant. Hence the complaint, praying for directing the O.p. to execute and register the deed of sale of the said shop room in favour of the complainant and for compensation and other reliefs.

O.p. nos. 2 to 9 refused to receive the registered notice, so sent to them for which the case was proceeded exparte against them.

O.p. no.1 appeared in this case and he also filed a written version. Said written version of the O.p. no.1 was not accepted as the same was filed after expiry of statutory period of 45 days and the case was therefore ordered to be proceeded exparte against O.p. no.1. Hence, the exparte hearing.

POINT FOR DECISION

          Whether the complainant is entitled to get the reliefs, as prayed for?

DECISION WITH REASONS

To prove his case, the complainant has tendered his written examination-in-chief supported by affidavit in evidence and he also filed some documents to prove his case. In his written examination-in-chief, the complainant Sri Subodh Kumar Show has fully corroborated his case of the petition of complaint. Now the question arises as to whether the complainant is entitled to get the reliefs, as prayed  for.

At the very outset, it appears that in his petition of complaint in paragraph-3, the complainant has specifically stated that the O.p. no.1 entered into an agreement for sale with the complainant in respect of a shop room. Nowhere in the said petition of complaint, the complainant has stated that he intended to purchase the said shop room for earning his livelihood by way of self-employment. It thus appears that the complainant entered into such agreement for sale with the O.p. no.1 for purchasing a shop room and the said transaction is for commercial purpose in the said shop room. Since, it is not alleged by the complainant that he intended to purchase the said shop room for the purpose of earning his livelihood by means of self-employment, so in view of section 2(1)(d) of C.P. Act, the

complainant is not a “Consumer” as the very purpose of such agreement for sale is for commercial purpose in the said shop room. Therefore, the present complaint is not maintainable before this Forum and the present petition of complaint is liable to be dismissed.

Hence it is,

O     R     D      E      R      E        D 

that the complaint case no. 31 of 2018 is dismissed exparte but in the circumstances without any cost.

          Let  plain copy of this order be given to the complainant free of cost.

Dictated  &  corrected by   me. 

( Bibekananda Pramanik )