No. 1/16.08.2011.

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

Heard the Ld. Advocate for the Revision Petitioner.  This revisional application has been directed against the order dated 22.06.2011 passed by the Forum below thereby rejecting the petition dated 11.04.2011 filed by the O.P. No. 1.  By the said petition the O.P. No. 1 has prayed for return of the complaint to the Complainant with a direction for presenting the same to the Civil Court.  In other words the O.P. No. 1 has challenged the maintainability of the complaint case on the ground that the same is not maintainable under the Consumer Protection Act, 1986.  Upon reading of the complaint it is evident that the dispute relates to the sale of the flat in question to the Complainant upon development of the landed property of the owner by O.Ps as promoter – developers. 

It has been consistently held that such an arrangement between the parties involving the landowner, developer – promoter and purchaser of flat upon development creates a relationship of consumer and service provider between the purchaser of the flat and the developer.  Therefore, if there be any dispute amongst them that would fall within the domain of Consumer Protection Act, 1986.  It, therefore, cannot be said that this dispute cannot be entertained under provisions of the Consumer Protection Act, 1986.  Accordingly we do not find any merit in the revisional application.   The same is thus dismissed.