Judgment : Dt.5.9.2017

Shri S. K. Verma, President.

            This is a complaint made by one Sujay Shaw, Hospital Para, Hariharpur, P.O.- Mallikpur, Kolkata-700 145, P.S.-Baruipur  against Sri Indrajit Ghosh, S/O Sri Monamohan Ghosh, 24/15, Jadu Nath Ukil Road, P.S.-Haridevpur, Kolkata-700 041 praying for a direction upon the O.P. to handover proper possession including possession letter and completion certificate of the shop and release the amount claimed of Rs.1,55,000/- with interest @ 9% till the final realization.

            Facts in brief are that Complainant purchased a shop measuring 50 sq.ft. super built up area at KMC premises No.322/4, Putiary Banerjee Para Road, P.S.-Haridevpur, Ward No.115, Kolkata-700 041 from Sri Indrajit Ghosh, the OP, by a registered deed on 11.3.2016. After registration OP assured Complainant that possession would be handed over with the completion certificate. Complainant requested the OP, but possession was not handed over to him. So, Complainant sent a letter on 1.2.2017 to OP. But that letter was returned with the endorsement ‘left’. So, Complainant filed this case.

            OP did not contest the case by filing written version and so the case is heard ex-parte.

Decision with reasons

               Complainant files affidavit-in-chief wherein he has reiterated the facts mentioned in the complaint petition.

            Main point for determination is whether Complainant is entitled to the reliefs as prayed for.

            On perusal of the prayer portion of the complaint, it appears that Complainant has prayed for a direction upon OP for handing over possession of the shop room to the Complainant and also for a direction for handing over Rs.1,.55,000/- as compensation and litigation cost.

            In this regard, at the outset it is submitted that Complainant entered into a sale transaction with the OP which a transaction between two individuals and OP made a registered deed of conveyance in favour of the Complainant.

            There is a maxim that possession follows ownership before about one year of filing of this complaint. The OP by making registered deed of conveyance  transferred the ownership, this Forum can easily presume that with the transfer of ownership, Complainant got delivery of possession. It is because no reason is assigned in the complaint as to why at the time of registration the possession was not handedover.

            Further, it is clear that Complainant Sujay Shaw is not a consumer. Because there is no allegation of deficiency in services by the OP and also that the transaction between the Complainant and OP is of simple sale transaction. In such a transaction the recovery of possession is not under the jurisdiction of Consumer Forum. This recovery of possession has to be by the Civil Court which they inherent jurisdiction.

            Accordingly, we are of the view that this Forum does not have jurisdiction to try the allegations mentioned in the complaint and consequently the claim of Rs.1,55,000/- in the form of compensation and litigation cost appears to be beyond the jurisdiction of this Forum.

            Hence,

ordered

            CC/101/2017 and the same is dismissed ex-parte.