Heard the Ld. Advocate on the point as to admissibility of this case of the complaint. Order on the point would be passed in the late hour of this Commission.

Later

The record is taken up for passing order. After hearing the Ld. Advocate of the complainant and giving consideration to the petition of complaint and other documents on record we find that for purchasing a flat from his owner Subhasis Das, the complainant entered into an agreement on 20.04.2021 by making payment of Rs. 2, 00,000/- and it was agreed by and between them that the balance amount of Rs. 12, 00,000/- would be paid within a period of 8 months from 22.04.2021. It further appears that on 26.04.2021 Subhasis Das died leaving behind his minor daughter Silpi Das aged about 14 years. The complainant approached the maternal grandmother of Silpi Das for execution and registration claiming that she was the natural guardian/ acting guardian of Silpi Das. He has filed this case as because the execution and registration of sale deed have not been done by silpi’s maternal grandmother in view of the request made by the complainant. It was out of out an agreement for sale where neither parties has fully performed his part of agreement. It was independent of any tortuous liability or duty. Neither any deficiency in service nor of defect of goods nor anything as to unfair trade practice has been alleged in this case. CP Act is a bunch of Law of Torts (Civil wrong) where the only remedy is damages. The case as made out by the complainant does not have any reference to Law of Torts as evolved in common law. Therefore, the complainant cannot get any remedy from this Commission.

Another aspect of the matter which needs to be unfolded here is that Rs. 2 lakh was paid to Silpi’s father under an agreement for sale. Silpi is now minor and she got the property in question from her father by way of inheritance. A minor cannot sell her property. For selling minor’s property a guardian is required to be appointed by the authority. Without such order for appointment of her guardian her property cannot be transferred. Obviously, her guardian has not been appointed so far. If an order is passed directing her maternal grandmother to execute and register sale deed as prayer for that would be wholly illegal under such a situation.

Hence it is ordered that the case be and the same is dismissed as being not admitted.

The complainant would be at liberty to get back the documents filed by him in connection with this case.

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

Dictated and Corrected by

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT