Judgment : Dt.25.4.2017
Mrs. Balaka Chatterjee, Member
This petition of complaint is filed under Section 12 of C.P.Act alleging deficiency in service and unfair trade practice on the part of M/s Desire Agro Resorts, Development Private Limited and The Director, M/s Desire Agro Resorts Development Private Limited.
Case of the Complainant in brief is that she being desirous to buy a plot of land made contact to the OP who agreed to sell a plot of land having an area of 2160 sq.ft., after making necessary development to make the same habitable for the residential purpose. The agreed consideration was Rs.90,000/- and summing up the necessary cost for registration it became Rs.1,28,000/-. The said amount was payable by monthly installments. The Complainant has stated that he started making payment of the said installment on 18.4.2001 and completed the same on 6.3.2013. It is the specific allegation of the Complainant that in spite of making payment of entire agreed amount of consideration of Rs.1,28,000/- even a considerable long spell of time the OP has not taken any initiative to execute an agreement for sale or deed of conveyance in respect of the said plot of land. Accordingly, the Complainant has prayed for direction upon the OP (a) to refund the entire consideration money of Rs.1,28,050/- along with interest @ 18% p.a. on and from 18.4.2001 to till the date of actual payment to the Complainant, (b) to pay the compensation amount of Rs.4,00,000/- to the Complainant for causing physical and mental harassment of the complaint and also for cost of litigation of Rs.20,000/-.
The OP appeared and contested the case by filing written version denying all the material allegations stating, inter alia, that this Consumer Complaint is not maintainable before this Forum since a piece of land does not come within the domain of C.P.Act and, further, no cause of action has occurred at all.
Parties adduced evidence on affidavit.
In course of argument Ld. Advocate for the Complainant has submitted that the Complainant has already made payment of entire consideration amount and the OPs have not registered sale deed in favour of the Complainant so deficiency in providing service on the part of the OP has happened.
Ld. Advocate for the OP has submitted that the present case falls under the territorial jurisdiction of DCDRF Unit-1, Kolkata and a piece of land does not come under the domain of C.P.Act.
Points for determination
- Whether the Complainant is a consumer under the OP.
- Whether the OPs have deficiency in providing service.
- Whether the Complainant is entitled to relief as prayed for.
Decision
Point No.1
The Complainant claimed to have paid for a piece of land. A piece of land is neither goods nor service. However, had there been an averment for development of the piece of land by the OP, it would have been considered as a matter of service.
Therefore, the Complainant cannot be considered a consumer under the OP.
Point No.1 is decided accordingly.
Point No.2
Admittedly, no agreement for sale has been executed by and between the parties. As per provision of Section 2(1) (g) of the C.P.Act “deficiency” means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service.
However, in absence of any agreement, it is not possible that on which points parties were agreeable and thereafter, wherefrom deviation has taken place.
In such view of the matter, we hold deficiency on the part of the OP is yet to be substantiated.
Point No.2 is decided accordingly.
Point No.3
In view of point Nos. 1 & 3, Point No.3 is not taken into consideration.
In the result, the CC/400/2016 does not succeed.
Hence
Ordered
That the instant case CC/400/2016 is dismissed on contest without costs.
The Complainant may approach to any appropriate Forum.
