Date of Filing : 26/11/2019

Date of Judgement : 22/11/2023

Sri Sudip Niyogi, Hon’ble President

                                                               Brief Facts

On 31/1/2011, the petitioner had entered into an agreement for sale with OP for purchasing one flat at Premises No. 388/1/B Bupen Banerjee Road, P.S. Parnasree, Kolkata 700 060 on the ground floor and mezzanine floor at a consideration of Rs.18 lakh.  The complainant paid Rs.5 lakh before the agreement was signed and subsequently paid Rs.8 lakh on different dates.  After about 6 months, complainant requested the OP for registration of a deed of conveyance and also for handing over the possession of the flat, but OP ignored the matter.  Despite the OP was informed that complainant was ready to pay the balance amount and requested her to handover the possession and execution of the deed of conveyance, nothing was done by the OP.  Therefore, on being compelled, complainant approached this commission by filing this instant complaint praying for several relief(s) including execution and registration of the deed of conveyance, compensation and cost of litigation.  This case was heard exparte against the OP who did not appear to contest the case.  Complainant filed his affidavit-in-chief and also several documents, namely – copy of the deed of agreement etc. 

So, the point of consideration is whether the complainant is entitled to any relief (s) in this case?

                                                             FINDINGS

Copy of the deed of agreement as produced by the petitioner reveals that it was executed on 31/1/2011 between the petitioner and the OP whereby the petitioner had agreed to buy the scheduled flat at a consideration of Rs.18 lakh.  This document also reveals in the memo of consideration attached herewith, that on different dates petitioner paid Rs.13,000/- towards the amount of consideration.  But, what we find, following the direction of the term “consumer” as defined u/s 2 (7) (i) & (ii),  in order to be a consumer he has to either buy any goods for a consideration or hire or avail any service for a consideration.  Here, in this case, it is found that there was an agreement between the parties by which the petitioner wanted to purchase the property of the OP at a consideration.  The flat which he wanted to purchase is a ready flat and there is absolutely no element of hiring of any kind of service from the OP.  Needless to mention it is, agreement to purchase a flat or any property simplicitor, cannot come within the purview of the C.P. Act, 2019.

There is no iota of evidence being produced by the complainant that he hired the service of OP so that he can come under the definition of the consumer and that is being so, the instant complaint is liable to be dismissed.

Accordingly, it is

                                                        ORDERED

That the instant complaint be dismissed exparte without cost.

Dictated and corrected by me

President