Delhi

East Delhi

CC/280/2023

CHANDRA BAL - Complainant(s)

Versus

M/S KESHAV CONSTRUCTION CO. - Opp.Party(s)

RAJINDER PAL SINGH

06 Jul 2023

ORDER

CC No:-           280/2023

Date:-              06/07/2023

Present:-         Sh. Rajender Singh Advocate for Complainant

 

The matter is at admission stage. Arguments heard. It is interalia the case of the complainant that complainant and OP1 & OP2 entered into an written agreement for sale of pre-constructed flat being Flat no. 30, Ground Floor, Akansha Ambience, Village Mukarbpur, Palehda, Pallavpuram-II, Meerut, U.P., constructed on the area of 77sq. meter vide agreement dated 03.02.2023 for total cost of Rs. 20,50,000/- out of which the complainant has paid Rs. 16,20,000/- to the OPs by way of cheque. It is further stated that the complainant is ready to pay the balance amount of Rs. 4,30,000/- but the OPs are not transferring the flat by executing the sale deed of the property and are not executing the sale deed despite the fact that complainant reached the office of Sub-Registrar office Sardhana, Meerut, U.P., on 25.02.2023 and even marked his attendance at 11:14 a.m. & again at 3:52 p.m. but OP did not reach the office of Sub-Registrar and aggrieved from such conduct the complainant issued legal notice to the OP dated 09.03.2023 which was although replied but was not complied with, and as such complainant has filed the present consumer complaint praying that OP be directed to refund Rs. 16,20,000/- with interest @18% p.a. and also direct the OP to execute sale deed with the office of Sub-Registrar, Meerut, & hand-over the possession to him alongwith compensation of Rs.5 lakh and litigation charges of Rs. 1 lakh. Heard.

            On query by the Commission the Ld. Counsel for complainant submits that no services were to be provided to the complainant w.r.t. developing the plot or developing the flat but it was pre-constructed one. The Court has enquired as to how then the complainant is a ‘Consumer’ within the definition of Consumer Protection Act or what services were to be provided by the OP and have not been provided or how the deficiency is being alleged as the property was already constructed one and no services were to be provided by the OP but there is no reply to the query. The Commission has gone through the law.

The Section 2 of the Consumer defines consumer as follows:-

7) "consumer" means any person who-

(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose, or.........

 

7) (ii) hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such service other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purpose. 

 

Keeping in view, the manner and tanner of the complaint, it apparently appears that the case of complainant is only w.r.t. specific performance of the contract, as entered into in between them and it is not a case of the complainant for deficiency in providing any service to the complainant. The only relief as sought is to direct the OP to execute the sale deed by stating that the complainant is ready to perform his, part of obligations in making the remaining payment.

Therefore the complainant case of complaint does not fall within the framework/preposition of Consumer Protection Act as the complainant is not ‘consumer’ within the definition of consumer. Therefore complaint of the complainant is accordingly rejected.

Copy of the order be supplied\sent to the complainant free of cost as per rules.

File be consigned to Record Room.