//ORDER//

Per :- Hon’ble Member, Shri. B.B. Rasal

1. The present complaint filed on 20/09/2023, vide Ld.No. 578 and Complaint bearing No. :  CC/400/2023.  The complaint listed for hearing on 04/10/2023.  On 04/10/2023, as Quorum was incomplete, complaint was kept on same stage and  Next Date given 09/11/2023.  On 09/11/2023, when the matter was called for hearing, Complainant and his Advocate absent, hence Next Date for admission hearing is given 06/12/2023.  On 06/12/2023, Complainant’s Advocate moved application U/Sec. 36 (2) of Consumer Protection Act, 2019 for deemed admission of complaint and prayer to issue notice to the Opposite party and disposed on priority in accordance with procedure.
2. The Commission insist Complainant’s Advocate to argue on admission, but he is not willing to argue and submit that he had moved application, Commission may pass appropriate order.
3. After perusal of the complaint and after going through document filed alongwith complaint, it appears from the prayer of the complaint that the Complainant want a Membership from the Opposite Party regarding Flat No. 302  and issuance of maintenance Bill in the name of the Complainant, the costs and compensation alongwith interest.
4.  The contention of the Complainant is that he is a consumer of the Opposite Party, i.e. Bhatyara House Co.Op.Hsg. Society Ltd., as he pay monthly maintenance charges in respect of Flat No. 302 in the building of the Opposite Party.  The Opposite Party is service provider and under legal obligation to provide service to the Complainant, but failed and neglected to do so, thereby committed negligence and deficiency in service.
5. The issue involve in present complaint regarding title of immovable property.  The Complainant’s prayer regarding Membership and Share Certificate as per Notorised document between family member.  The Complainant claimed that he has vested right, title and interest in Flat No. 302.  The Complainant filed the said document on record.  As per Registration  Act, 1908, Section-17, the instruments itself creates, declares,  limits or extinguishes rights in immovable property such instrument shall be compulsory register as its value is more than 100/- Rupees and it is immovable property.  The Hon’ble Appex Court in case of Estate Officer & Anr.  v/s. Charanjit Kaur laid down the ratio that Consumer Forum has no jurisdiction to entertain complaints related to deficiency in service on transfer of title of immovable property.  The Co.Operative Housing Society, though in lieu of Maintenance charges provide service regarding, repairing, sweeping, cleanness, other services, it is not called service provider in strict senses.  It is limited scope that Member is called Consumer  and Co.Operative Housing Society is service provider.  In the present matter, it is not revealed from the complaint that the legal issue, means transfer of  title is come under jurisdiction of Commission.  Therefore, in the light of aforesaid discussion, facts and circumstances, the complaint is not maintainable, Complainant is not consumer and the Opposite Party is not service provider within the meaning of Consumer Protection Act, 2019.  In the result, the complaint is not admitted.  
6. Hence, we proceed to pass the following order :-

                                      //ORDER//

1. The complaint is hereby rejected.
2. No order as to costs.
3. The certified copy of this order be furnished to the Complainant free of costs.
4. The member sets (if any) shall be returned to the Complainant.