CONSUMER DISPUTES REDRESSAL COMMISSION – X

GOVERNMENT OF N.C.T. OF DELHI

Udyog Sadan, C – 22 & 23, Institutional Area

(Behind Qutub Hotel)

New Delhi – 110016

    Case No.233/2023

1. PRAVEEN GUPTA

H.NO. 941, PURANA WARD, NO.22,

CHAWLA COLONY, BLOCK NO.3,

BALLABHGARH, DISST.

2. REKHA GUPTA

H.NO. 941, PURANA WARD, NO.22,

CHAWLA COLONY, BLOCK NO.3,

BALLABHGARH, DISST.

Vs.   

1. M/S OLYMPUS MULTITRADE (P)Ltd.

36, GROUND FLOOR, GALI NO. 54-H4,

BLOCK-E-III, MOLARBAND EXTN.

BADARPUR, NEAR VIDYA MANDIR,

NEW DELHI-110044. .…..OPPOSITE PARTY NO. 1

2. SMT. RAKSHA CHAUHAN

W/O SHRI DEVENDER CHAUHAN

R/O. H.NO. 271, FIRST FLOOR,

INDRA ENCLAVE, SECTOR-12D,

1049483313688. …..OPPOSITE PARTY NO. 2

Date of Institution-21/07/2023

Date of Order- 22/09/2023

O R D E R

MONIKA SRIVASTAVA– President

The present complaint filed has been seeking refund of Rs.4,00,000/- along with interest at 18% and Rs.2,00,000/- as compensation for causing mental agony along with Rs.55,000/- towards cost of litigation.

As per the complainant, the complainant bought 2 plots of 100 square yards each from one Smt. Raksha Chauhan who had the outstanding liability worth Rs.4,00,000/- towards the complainant and in lieu to clear her liability she proposed to transfer both the plots in favour of the complainant.

As per the Consumer Protection Act 2019 Section 2(7)

1. Consumer means any person who buys any goods for your consideration which has been paid or promised for partly paid and partly promised….

2. Hires or avails of any service for your consideration which has been paid or promised or partly paid and partly promised…

There is a requirement of paying consideration which in this case is not clear as the consideration had been paid to somebody else and it has not been recorded on a requisite stamp paper and is not registered as per the requirement of the Indian Registration act.

Section 49 of the Registration Act states that No document required by section 17 ¹[or by any provision of the Transfer of Property Act, 1882 (4 of 1882),] to be registered shall:

 (a) affect any immovable property comprised therein, or

 (b) confer any power to adopt, or

 (c) be received as evidence of any transaction affecting such property or conferring such power, unless it has been registered:

¹[Provided that an unregistered document affecting immovable property and required by this Act or the Transfer of Property Act, 1882 (4 of 1882), to be registered may be received as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1877 (3 of 1877) ²[ ,³*** or as evidence of any collateral transaction not required to be effected by registered instrument.]

Therefore this Commission is of the opinion that this Commission is not the appropriate forum to litigate. The complainant may pursue any remedy in case he has a remedy under the civil law. Complaint is dismissed in limine.

File be consigned to the record room after giving a copy of the order to the party. Order be uploaded on the website.