Sankar Chandra Chand filed a consumer case on 18 Sep 2023 against Smt. Paromita Chakraborty,Director,P L B Developers Consultants Pvt.Ltd in the Bankura Consumer Court. The case no is CC/84/2023 and the judgment uploaded on 19 Sep 2023.
IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BANKURA
Consumer Complaint No.84 /2023
Date of Filing: 08/09/2023
Before:
1. Samiran Dutta Ld. President.
2. Rina Mukherjee Ld. Member.
3. Siddhartha Sankar Bhui Ld. Member.
For the Complainant: Ld. Advocate Subrata Kr. Chakraborty
For the O.P: None
Complainant:
All are resident of P L B Diamond Plaza,Salbagan Road (Near B D O office) Ward No-18,P.O &P.S-Bishnupur,Dist-Bankura
Opposite Party:
FINAL ORDER / JUDGEMENT
Order No.02
Dated:18-09-2023
Hazira is filed on behalf of the Complainant through Ld. Advocate.
The case is fixed for Admission hearing.
Heard the Ld. Advocate for the Complainant and perused all the materials on record.
Contd……p/2
Page: 2
The Complainant has filed the instant case against O.P./Developer with the allegation of deficiency in service stating that they are different residential flat owners having initially entered into agreement for sale of the flats with the O.P. Developer and subsequently flats were transferred in their favour by execution of Registered Deed of Conveyance dated: 04/03/2023. After the transfer is completed respective flat owners have now come before this Commission with the allegation of deficiency in service as per specification made in the agreement for sale of the flats.
On perusal of Deed of Conveyance it is clear from the recital as per Clause-8.1 that the respective flats together with all easement rights, amenities and facilities in the said building/complex have been transferred along with delivery of possession (vide Clause-9.2.3)
After registration of the flat with transfer of title in favour of the respective flat owners the agreement for sale is not enforceable under the Consumer Protection Act, 2019. It is now purely a civil dispute by and between the parties to be decided by competent Civil Court.
Accordingly the case is not admissible for the reasons stated above.
Hence it is ordered…….
That the case is dismissed on Admission point.
Both parties be supplied copy of this Order free of cost.
____________________ _________________ _________________
HON’BLE PRESIDENT HON’BLE MEMBER HON’BLE MEMBER
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