Record is taken up for passing order in respect of admission hearing, hd. on 29.11.2019. After perusing the case record it appears that complainant being a purchaser entered into an agreement with the op no. 1 to purchase one self contained unit apartment from op no. 1 for a consideration money of Rs. 16, 00000/- and executed sale deed on 17.8.2018. Since after purchase the complainant went to op no. 2 to mutate the said property in his name and he was asked to deposit Rs. 66,382/- as arrear dues.  The complainant became perplexed at the act of the op no. 1 as he purchased the said property free from all sorts on encumbrances but he has to expense a lot due to deficiency of service on the part of the op no. 1. So, he filed the instant complaint before this Forum praying directions upon the op nos. 1 and 2 as incorporated in the prayer portion of the complaint petition. Complainant files the Xerox copies of Advocate letters as document.

From the complaint petition it is crystal clear that the complainant filed this complaint petition u/s 12 of the Consumer Protection Act praying direction upon the op no. 1 the individual seller of a flat and he is not the promoter or developer and op no. 2 is the local authority under whose jurisdiction the said flat exists. It is  the  proposition of law, buyer or the seller may seek breach of contract money damages when the other party fails to complete the same. If a seller defaults he must return all deposit, plus added reasonable expenses to the buyer. The other party may also seek to compel the erring party to complete the deal under specific performance.

Fact remains that in the instant complaint petition there is no relationship of consumer and service provider in between the complainant and the op no. 1 in respect of the impugned property. Only there is a relationship of customer and seller. So, there is no jural relationship of consumer and service provider as such the complaint petition is not maintainable under Consumer Protection Act, 1986 before this Consumer Forum and deserved to be not admitted.

Order

Hence it is ordered that the complaint petition being no. 182 of 2019 be and the same is not admitted and dropped.