The Ld. Counsel for the petitioner was heard on 18-01-16 on the point of admission.

The instant case is about a dispute between the petitioner and the opposite parties regarding a land mearuing 19 satak which is situated in 24 No. Khisma in Khatianno R.S 1257 corresponding to plat No. 20 . The consideration amount of Rs. 1,05,000/- was fully paid to OP No. 1 but later it was found that the landed property in question does not belong to  OP No. 1 alone. After knowing this the petitioner requested OP No. 1  to return the considered money but OP No. 1  turned deaf ears to such request.. Hence the case.

The dispute concerns an immovable property and the OPs are only owner of such property and not a service provider in the form of a developer or builder.. So there does not exist a consumer and service provider relationship between the parties as per C.P. Act 1986. So the case is not entertainable in the Consumer Fora. Moreover the Hon’ble Supreme Court has observed in the landmark judgment, Lucknow Development  Authority V.S M.K.Gupta that if a statutory authority develops a land for the benefit of a common man it is rendering of service and the service provider will be treated just like as a builder or a  contractor.. The dispute regarding the property in question is  with a  immovable proprerty but not deficiency in providing service in due time and hence  not maintainable in the forum. The admission is rejected and the petitioner is at liberty  to take the   original documents filed during the institution of the case leaving behind a photo copy of the same.