Order  No.07

                Reply to the questionnaire is filed by the complainant with copy to the other side.

The Ld. Advocates on both sides are heard for and against on the point as to whether the case is maintainable or not.

Later

It has been submitted by the Ld. Advocate appearing for the complainant that the Ops being developers who agreed to sale 1,500 sqft flat on 09.11.2013 to the complainant and received Rs. 56,74,000/-, eventually transferred 1000 sqft under a registered sale deed. According to him his client would get back price of 500 sqft covered area. On the contrary it is the contention of the Ld. Advocate appearing for the OP that the complainants has ceased to be a Consumer when possession of the agreed flat was taken by him from the developers. According to him he cannot have any right to sue promoters after the execution and registration of the sale deed being made.

The deed of conveyance executed and registered on 28.02.2020 relate to a flat in the third floor measuring about 1000 sqft and agreement dt. 09.11.2013 bears a reference to third floor flat measuring about 1500 sqft. A close similarity is found in between the two. But the complainant has lost right to raise his voice in regard to the deficit area when the delivery of the possession and sale deed were made. He may approach competent Civil Court of Law for getting back the excess amount he has paid for the flat of 1000 sqft.

In view of the Judgment passed by the Hon’ble NCDRC on 11.05.2021 and reported as on ‘2021 SCC OnLine NCDRC 163’ – to which reference has been made by the Ld. Advocate of the Ops – Immediately after taking over the possession, a purchaser ceases to be a Consumer.

After delivery of possession being made in favour of the complainant he becomes a non-consumer.

The Provisions of CP Act only apply to a Consumer. Since the Complainant is a non-consumer, he has no right to due under the Consumer Protection Act. Therefore, the case which has been filed by the complainant seeking refund of the excess amount paid by him together with compensation and other reliefs is not maintainable in Law.

Hence it ordered that the case be and the same is dismissed on contest as it is not maintainable in Law.

The complainant is at liberty to get return the copy of the complaint and the documents from the appropriate authority of this Commission as the complaint is not admitted. In this respect the complainant is further directed to submit a separate application praying for return of the abovementioned documents. The appropriate authority of this Commission is hereby directed to take necessary step upon receipt of the application from the complainant so that the complainant can get return of the aforementioned without any further delay.

Let plain copy be given to the parties free of cost as per CPR.

Dictated and corrected by

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT