DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

Dated this the 25^th day of January, 2024

Present      :   Sri. Vinay Menon V., President

                    :  Smt. Vidya A., Member                                                Date of Filing: 11/09/2023  

                          CC/227/2023

Sajna,

W/o. Shahid,

Kizhakkethara, Mandapamkulam,

Kuzhalmannam Post, Palakkad – 678 702.                  -                 Complainant

(By Adv. M/s. V.Suresh  &  Droupathi Aravind)

                                                                                                  Vs  

The Manager,

Muthoot Housing Finance Co. Ltd.,

1^st Floor, Mar Augine Golden Jubilee Complex,

West Fort, Poothole (PO), Thrissur – 680 004.         -                    Opposite party

(OP set exparte)

                                   ORDER IN THE QUESTION OF MAINTAINABILITY

            By Sri. Vinay Menon V., President

1. The complainant is a bidder for a property offered as security to the opposite party for financial assistance that was to be sold by the opposite party upon failure of the debtor to repay the assistance. She submitted quotation and her quotation was accepted. She had complied with all requirements for a successful purchase. But after she had complied with all requirements and formalities, the OPs had informed her that the debtor had settled all dues and repossessed the property. Even though the opposite party had repaid amounts due to the complainant they had retained Rs.62,500/- with them. It is aggrieved by this retention that this complaint was filed by the complainant.
2.  At the time of admission, this Commission has raised its doubts as to whether, in the facts and circumstances of the case, the complainant was a consumer and the dispute a consumer dispute as contemplated under the Act. This concern was intimated to the counsel for complainant also.
3. O.P. received notice, but failed to enter appearance or file the version within the statutory period and was hence, set exparte. Counsel for complainant was heard. She argued that the complainant entered into this contractual relationship with the OP by way of payment of earnest money. This deposit of earnest money was to be construed as payment of consideration as contemplated under the CP Act.
4. We are unable to subscribe to the view adopted by the counsel for the complainant, however vehement her argument be. The OP had called for tender with regard to sale of immovable property that was offered by some debtor for a financial assistance granted by the OP. Upon failure on the part of the debtor to repay the financial assistance, the creditor had taken steps for sale of the immovable property. Pursuant to calling forth of offers, the complainant submitted her bid and became the successful bidder.  It is this transaction that had failed to fructify.
5. The relation between the complainant and OP is not that of a consumer and service provider but that of two entities/persons who had an unsuccessful transaction for sale of immovable property. Deposit of earnest money cannot be construed as payment of consideration as contemplated under the CP Act. Any losses befalling the parties will have to be cleared out by way of resort to a civil court of appropriate jurisdiction. This Commission, however meritorious the pleadings may seem prima-facie, has no authority to deal with the transaction being part of this dispute.
6. With the aforesaid observation, we dismiss the complaint as not maintainable.

     Pronounced in open court on this the 25^th day of January, 2024.

                                                                                                       Sd/-  

                                                                                               Vinay Menon V

                                                        President

        Sd/-

   Vidya.A

                       Member         

NB : Parties are directed to take back all extra set of  documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.