DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. CASE NO.386/2016
Date of Filing: Date of Admission Date of Disposal:
21.06.2016 04.07.2016 10.07.2017
Complainant = Vs. = O.P.
Anupam Pal, 1.M/s. ABS Land Development and
S/o. Late Sukumar Pal, Constructiion Pvt. Ltd,
Anandanagar, 13/B, Jatin Das Road,
Parbangla, P.S. Tallygunge, Kolkata-700029.
P.S. Batanagar, 2. Mr. Tapan Ghosh,
L.P, 43/11/6, Managing Director of
Kolkata- 700140. M/s. ABS Land Development and
Construction Pvt. Ltd,
13/B, Jatin Das Road,
P.S. Tallygunge,
Kolkata- 700029.
P R E S E N T :- Siddhartha Ganguli……..……………..President –in-Charge
:- Smt. Kabita Acharjee(Goswami)……Member
J U D G E M E N T
The gist case of the complainant is that being allured by the advertisement made by the O.Ps the complainant had decided to purchase a plot of land being No. A6 in block A, in the Rajarhat Green Field Project, initiated by the O.Ps and an agreement for sale was executed on 19.07.2012 between the parties for purchasing the said plot of land measuring about 1800 Sq.ft equivalent to 2.5 Cottahs under the said project lying at North 24 Parganas under the jurisdiction of Bishnupur No.2, Gram Panchayat, under Mouza- Bishnupur, J.L. No. 44, Khatian No. 1582, Dag No. 486, P.S. Rajarjat and the total consideration amount was fixed at Rs. 11,19,750/- and the complainant paid entire consideration amount as per the terms and conditions of the agreement and a deed of conveyance vide deed No. 361/2013 was executed and registered. The O.Ps promised that the entire project would be completed by December, 2013.
It is the contention of the complainant that no infrastructural development had taken place as promised by the O.Ps. It is the allegation of the complainant that the O.Ps resorted to unfair trade practice and gave false promises and in terms of the said agreement they failed to hand over the possession of the land to the complainant. No demarcation has ever been made.
Dictated and Corrected Contd…..2/-
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It is further contended by the complainant that the O.Ps had admitted their lapses and promised to return the entire consideration amount including the cost of cancellation of deed.
The complainant stated that upto August, 2015, the O.Ps returned Rs. 8,50,000/- to the complainant by several instalments but since thereafter no payment has been made and the O.Ps refused to entertain any demand of refund of balance consideration of Rs. 2,69,750/- nor executed the deed of cancellation.
Finding no other alternative the complainant, therefore, filed this case before this Forum for refund of the balance consideration of Rs. 2,69,750/- with 12% interest from the date of filing of this complaint along with other reliefs as stated in the complaint.
The complainant filed the following documents such as copy of brochures, copy of khazna receipt, copy of agreement for sale dated 19.07.2012, copy of deed of conveyance dated 10.01.2013 vide deed No. 361/2013, copy of money receipts, copy of advocate’s letter etc.
On scrutiny of the case record it is found that the notices were delivered upon the O.Ps. Despite receiving notices the O.Ps did not turn up before this Forum to answer the claim of the complainant. Therefore, We are proceeding to decide the case ex-parte against the O.Ps.
From the pleadings of the parties the following points have been framed for decision:-
1). Is the complainant consumer?
2). Are the O.Ps deficient in service?
3). What relief the complainant is entitled to get?
During hearing the complainant filed written affidavit-in-chief along with copy of documents.
Reasoned Decision
All the points are taken up together for the sake of brevity and convenience.
It appears from the petition of the complainant and the documents annexed by the complainant that he entered into an agreement for sale with the O.Ps for purchasing a piece of land as stated in the schedule mentioned property and paid Rs. 11,19,750/- in total. A deed of conveyance was prepared in respect of the said
Dictated and Corrected Contd…..3/-
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property. No infrastructural development was done by the O.Ps and possession of suit property has not been handed over to the complainant and therefore, the complainant filed this case before this Forum for getting proper redressal as prayed in the petition.
We have meticulously gone through the case record as well as the petition of complaint and the documents annexed by the complainant. In our view the complainant is not a consumer within the meaning of Section 2(1)(d) of the C.P. Act as both parties entered into an agreement to purchase / sell of a certain piece of land which cannot be adjudicated by this Forum. This Forum has no jurisdiction to entertain and try this case as because the subject matter in dispute is simpliciter land only.
Failure to hand over possession of the plot of land simpliciter does not come within the jurisdiction of the Consumer Forum and when the sale of plot of land is the subject matter of the complaint this Forum has no jurisdiction to entertain the complaint. The remedy lies before the Civil Court.
Hence
Ordered,
that the complaint be and the same is dismissed ex parte against the O.Ps.
Copy be delivered to the parties free of cost.
Member President-in-Charge
