The matter was heard on the point of admissibility and 06.06.202022 was fixed for passing necessary order.

The complainant has filed complaint u/s 35 of the Consumer Protection act 2019. By a petition the complainant has averred that the proforma respondent approached the developer (OP1) and entered into an agreement dated 09.02.2003 for purchasing a flat of 700 Sq. Ft. at Rajarhat Gopalpur municipality for Rs 350000/- alongwith OP4 and 2 others as confirming parties. Possession of the said flat was given to Proforma respondent on 15.03.2003 and possession letter was given to him on 15.03.2003 by OP1. Thereafter the said Proforma respondent declared the said flat for sale to the Complainant for Rs 800000/- and executed another sale agreement on 08.06.2016

In this respect we are to mention the judgment passed by the Hon’ble NCDRC in the case of  Ratna Roy Vs. Babul Sarkar & Another dated 24.11.2017, wherein in the paragraph no-6 it is held by Their Lordships which runs as follows:-

6. If a person enters into an agreement to purchase a ready built up flat, such a transaction would not be under the Consumer Protection Act since the purchaser cannot be said to be a consumer within the meaning of Section 2(1)(d) of the Consumer Protection Act. There is no question of hiring or availing any services of the seller in a transaction for sale of ready built up flat. The term ‘service’ has been defined in the Consumer Protection Act to include housing. Therefore, neither a consumer complaint would be maintainable in respect of such transaction nor the consumer Forum would have jurisdiction to entertain such a complaint’.

The abovementioned observation of the Hon’ble NCDRC is very much applicable in the case in hand when the Sale agreement was executed much after the flat had already been constructed, completed and handed over. It is clearly stated in the agreement that after constructing the flat the vendor had entered into another sale agreement with the Complainant to RESALE the flat. Therefore having regard to the aforementioned observation of the Hon’ble NCDRC, we are of the view that this complaint cannot be maintainable before this Ld. Forum as he is not a consumer within the purview of the definition of ‘Consumer’ as enumerated in the Consumer Protection Act, 1986.  In this case, the Ld. Advocate of the Complainants could not come forward with his submission as to how resale of a flat is covered under the provisions of Consumer Protection Act, 2019 and how the purchasers by way of resale of the flat are covered under the definition of "Consumer" as defined under the Consumer Protection Act.  This Fora had taken a consistent view in the cases of transactions during resale of flat, that such flat purchasers would not be covered under the provisions of Consumer Protection Act, 2019 as a "Consumer" .  There is no other submission or documentary evidence to establish the status of the complainants as consumer, that we have perused the file and affidavit on evidence of the complainant.

For the reasons stated hereinabove, the instant petition of the complainant complaint does not qualify for coming under the purview of Consumer protection Act 2019 and hence not allowed for admission on the ground that the complainant is not a consumer. We are not examining the other contentions in the complainant. It is made clear that non admission of the complaint will not come in the way of the complainant, approaching a Court/Forum other than a Consumer Forum, for redressal of grievance.

The Complainant is also at liberty to get return the copy of the complaint and other related documents from the office of this Ld. Commission by filing separate application to the Register-in-Charge of this Ld. Commission. The Register-in-Charge of this Ld. Commission is hereby directed to take proper step upon receipt of the application from the end of the Complainant, so that the Complainant can get return of the above mentioned without delay.

Let a plain copy of this order be supplied to the Complainant as per the CPR.

Dictated and Corrected by

[HON'BLE MR. Partha Kumar Basu]
MEMBER