C o n s u m e r  C o m p l a i n t  No.  33 /2023.

      Order Date:  17.03.2023

Today is fixed for admission hearing.

Complainant files hazira through the Ld. Advocate.

The case is taken up for admission hearing and order.

Heard the Ld. Advocate for the complainant in full.

Perused the complaint and the Xerox copy of documents so filed by the complainant.

The complainant has filed this case against the OPs u/S 35 of the Consumer Protection Act, 2019 that the complainant has booked a residential plot mentioned under reference with full claim amount of Rs. 29,06,692/- . Even she had paid booking amount of Rs. 2,90,669/- . The OPs No.1 had made an allotment of Unit No. TGSA3-28A-2.98 K of type Plot in Residental Plot –TGS Avenue 3 hav ing Plot area of 2.98  Kottah and Salable Area of 2145.6 Sq.ft. within Renaissance Township, Burdwan, at Mouza-Goda, Nababhat. Due to Pandemic Situation of COVID-19, she could not communicate with any of the Respondents (OPs) in time. At the relevant point of time she along with her family members were suffering from COVID in various time and the complaint for that reason was not in a position to communicate with any of the Respondents (OPs) on 18.11.2020 and the OP No.1 has sent a reminder  as payment overdue of Rs. 28,64,473/- and so many dates she could not communicate with them. The complainant has sent a letter dt. 2.04.2022 to all the Respondents and demanded Rs. 2, 61,602/- from the booking amount of Rs. 2, 90,669/- after deducting Rs. 29,067/- which was received by the Respondents. In such a situation, the complainant lodged with complaint before this Commission , praying for directing the Respondents (OPs) to refund Rs. 2,61,602/- and other  prayers.

From this  complaint, it is clear that the complainant intended to purchase a land property (Immovable Property) for her residential purpose and being the land owner the OP No.1 , he is a developer also, intended to sell the s aid property to the complainant and received the said  booking amount.  From this fact, it is also clear that there was a transaction of Sale and Purchase of Immovable Property because the land is a Immovable Property and not the ‘goods’  and booking amount can be stated as Biyana amount of the sale property. The allotment letter discloses that there was a need to execute the sale deed within 45 days from the date of booking by September 13^th, 2020. However, no agreement for sale has been filed by the complainant as she has failed to execute the agreement for sale. Seller of the land property does not come under the term of “Service” and   there is a breach in between the complainant and the OPs. It is also clear from the

prayer that she prayed for return of the booking amount due to  non-performance of the contract either parties for purchase and sale of land property.

Therefore, the fact of this case, as it appears from the complaint, does not come under the purview of the Consumer Protection A ct. The complainant is not a “consumer” u/S 2(7) of the Consumer Protection Act.

Hence, it is

                                        ORDERED

that this case be and the same is not admitted and thus disposed off.  

Let a copy of this order be supplied to the complainant on free of cost.

                   Member                                                             Member                                      President

D.C.D.R.C., Purba Bardhaman               D.C.D.R.C. Purba Bardhaman             D.C.D.R.C., Purba Bardhaman