No. 7/05.08.2011.
HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.
Both sides are present through their Ld. Advocates. Complainant files objection against MA application. This Miscellaneous Application being No. 171/2010 has been filed by the O.Ps challenging the maintainability of the complaint case. The complaint case has been filed by the Complainant alleging deficiency in service by the O.Ps as they failed to comply with the alleged agreement that has been entered into by and between the Complainant and O.Ps for sale of an immovable property. Admittedly the alleged bilateral agreement is founded on a money receipt dated 28.09.2009. The said Receipt reads as under :
“Received this day a sum of Rs.5,01,000/- (Rupees five lac one thousand) only through 3 (three) account payee cheques Being Nos. 477611, 534546 & 534547 dated 28/09/2009 for Rs.1,67,000/- Each of Axis Bank Ltd. & H D F C Bank, SILIGURI in the presence of undersigned witness from Sri Rajesh Agarwala and Sri Binod Agarwala, sons of Sri Jaynarayan Agarwala of Panjabipara, Siliguri, District Darjeeling for the sale of land measuring 2581 Sqft or 3.584 Kattahas appertaining to and forming part of Plot No. 429, in khatian No. 321/1, Sheet No. 08, J.L.No. 08 situate at Mouza Dabgram, Police Station Bhaktinagar, Post-Office Sevoke Road, District Jalpaiguri together with double storied pucca house thereon.
Signed this the 28th day of September, 2009 at Siliguri”.
Upon careful reading of the aforesaid Money Receipt we are of the firm view that the agreement, if any, between the parties was for sale simpliciter of an immovable property by the O.Ps to the Complainant without involving any service to be rendered by the O.Ps to the Complainant on the basis thereof. The question, therefore, does not arise for any deficiency of service if there be any breach of the said agreement. The complaint accordingly under the Consumer Protection Act, 1986 is not maintainable. Hence the same is dismissed. The MA application being No. 171/2011 is thus allowed.
