In the District Consumer Disputes Redressal Commission, Hooghly, At Chinsurah.
Case No. CC/162/2022.
Date of filing: 10/08/2022. Date of Final Order: 25/09/2024.
- Keya Barik,
wife of late Golok Barik
- Arnab Barik,
s/o Late Glolok Barik,
Both residing at Nalikul Bazar, Bakultala,
P.O. Nalikul, P.S. Haripal, Dist. Hooghly.……complainants
vs
Sk. Saifuddin
s/o sk. Hassain
Po. Ayma Paharpur, P.S. Tarakeshwar, Dist Hooghly .…..opposite party
Before: President, Shri Debasish Bandyopadhyay.
Member, Debasis Bhattacharya.
Member, Babita Chaudhuri.
FINAL ORDER/JUDGEMENT
Presented by:-
Babita Chaudhuri, Member.
Brief fact of this case:- The complainant no. 1, Keya Barik is the wife of late Golok Barik and complainant no. 2, Arnab Barik is the son of late Golok barik. Both the complainants are joint owners of 3 decimal property out of 11 decimal in sixteen annas under LR Dag no. 378 along with the 600 sq.ft. structure on the ground floor and 600 sq.ft. on the first floor.
The complainants states that the opposite party intended to purchase 1200 sq.ft. property from said Golok Barik and total consideration amount has been settled between Golok Barik and opposite party of Rs. 40,00,000/- and the opposite party registered the said property by way of sale deed in favour of Golok Barik which is under value of Rs. 30,00,000/- before Haripal Sub-Registry office on 31.01.2022 due to taking advantage of ignorance/ simplicity of said Golok Barik. It is further states that op paid three signed cheques of Axis bank to Golok Barik as consideration amount of sale deed and Golok Barik kept the said cheque with him and registered the said property in favour of the op. After that Golok Barik deposited the said cheques in his bank but those cheques were dishonoured due to insufficiency of funds and after getting information from bank said Golok Barik suffered from heart stroke and he was busy in treatment and could not contact with the op. Thereafter, on 2.3.22 said Golok Barik went to the house of the op and asked for payment amount of registry and the op admit his error and assured that he will pay entire amount with interest and Golok Barik return from house of the op.
That due to several time refused by the op for said payment, Golok Barik send a letter through his ld. Advocate to the op for payment of sale consideration and on the same date Golok Barik went to the house of the op for said amount where he was badly assaulted by the persons engage by the op. Golok Barik complained the same to Haripal P.S. wherefrom he was advised to bring the order from the Court and he further complain the same to the Haripal SP and OC on 5.8.22 and thereafter Golok Barik collapsed mentally, physically, financially.
That the op is an accused person as he has cheated with Golok Barik and not paid consideration amount of the purchase property.
Under the above circumstances complainants therefore prayed:-
direction upon the op for refund the total consideration amount in connection with sale deed dated 31.01.2022 or cancellation of the said sale deed dated 31.01.2022.
direction upon the op for restraining him from not to change the nature, character or transfer the said sale deed dated 31.01.22.
direction upon the op for refund the said total consideration amount of Rs. 40,000,00/- @ 10% interest to the complainants and to pay compensation of Rs. 2,00,000/- and to pay cost of litigation of Rs. 1,00,000/- also pay in favour of the complainants.
Issues/points for consideration
On the basis of the pleading of the parties, the District Commission for the interest of proper and complete adjudication of this case is going to adopt the following points for consideration:-
- Whether the complainants are the consumer of the opposite party or not?
- Whether this Forum/ Commission has territorial/pecuniary jurisdiction to entertain and try the case?
- Whether there is any deficiency of service on the part of the opposite party?
- Whether the complainants are entitled to get relief which has been prayed by the complainant in this case or not?
Evidence on record
The complainants filed evidence on affidavit which is nothing but replica of complaint petition and supports the averments of the complainants in the complaint petition.
Argument highlighted by the ld. Lawyers of the complainants
Complainant filed written notes of argument. As per the evidence on affidavit and written notes of argument of complainants are to be taken into consideration for passing final order.
Argument as advanced by the ld. Advocate of the complainants heard in full. In course of argument ld. Lawyer of complainants have given emphasis on evidence and document produced by parties.
DECISIONS WITH REASONS
The first points of consideration which have been framed on the ground of maintainability and/ or jurisdiction, and whether complainant is a consumer in the eye of law, are very vital issues and so these points of consideration are clubbed together and taken up for discussion jointly.
On perusal of the materials on record, it would reveals that this Complaint Case is not maintainable in the eye of law because the dispute between the parties is not the consumer dispute and Relationship between the complainants and opposite party are not the consumers and the service provider. The Subject matter of this case is not the consumer dispute. Therefore, this commission has no jurisdiction to entertain the case.
Moreover, the complainants prayed for cancelation of Deed but it is well settled that a Consumer Commission constituted under the Act has no authority to cancel a registered Deed of Conveyance.
Therefore, under the above fact and circumstances the complainants are not entitled to get relief which has been prayed by the complainants in this case before this District Commission.
Hence, it is accordingly
ordered
that the complaint case being no. 162 of 2022 be and the same is dismissed on exparte
No order is passed as to cost.
Let a plain copy of this order be supplied free of cost to the parties/their ld. Advocates/Agents on record by hand under proper acknowledgement/ sent by ordinary post for information and necessary action.
The Final Order will be available in the following website www.confonet.nic.in.
