This is a complaint made by Sri Priya Kumar Lahoti son of Late Narendra Kumar Lahoti of Flat B-12, Metro Tower, S. N. Roy Road, Kolkasta-700038, Smt. Preeti Lahoti wife of SriPriya Kumar Lahoti against Sri Subrata Hazra son of Chittaranjan Hazra of 232, Rai Bahadur Road,P.S. Behala, Kolkata-700053 praying for a direction upon the OPs to forthwith execute the registered Deed of Conveyance in respect of the flat after issuing the balance amount of consideration money of Rs.6,85,000/-.
Facts in brief are that on 25th day of June, 2013 petitioners entered into an agreement for sale with the OP in respect of purchase of one self contained flat measuring more or less 350 Sq. ft. comprising of one room with three windows, one kitchen, one toilet adjacent to the north western side of the premises no.232, Rai Bhadur Road, Kolkata-700053. As per agreement for sale Complainant paid Rs.2,65,000/- by cheque as well as in cash towards the part payment of the total consideration money. That on the strength of agreement for sale dated 25/6/2013 it was agreed between the parties that construction of the flat would be completed by the OP within 30/9/2013 after receiving the rest of the amount Deed of Conveyance should be made. Though OP received the considerable amount of money of Rs.2,65,000/- towards part payment against total consideration money. But he did not take any initiative to construct the flat. OP avoided discharging his obligation having a dishonest intention. So it is clear that OP just to take Rs.2,65,000/- entered into an agreement for sale on 25/6/2013. Complainant sent lawyer’s notice asking OP to take necessary step to execute the Deed of Conveyance after receiving Rs.6,85,000/- . But the notice was refused by the OP. So, Complainant filed this case.
On the basis of above facts the case was admitted and notice was issued to the OPs. Bur OP did not appear and so the case was heard ex-parte.
Decision with reasons
Complainant has filed agreement for sale in order to establish that there was an agreement between parties. Complainant has also filed affidavit-in-chief wherein he has reiterated the facts which he has stated in his complaint petition.
Main point for determination is whether Complainant is entitled to the reliefs as prayed for.
First relief is a direction upon the OP to forthwith execute the registered Deed of Conveyance in favour of the Complainant.
On perusal of affidavit-in-chief it appears that he has paid Rs.2,65,000/- out of the total consideration money of Rs.9,50,000/- . Further it appears that no copy of development agreement has been filed from where it would have been clear that OP is a developer and he entered into an agreement with the Complainant. Further no power of attorney was filed in order to establish that OP was authorized by the owners of the land to construct flats sale it.
In the circumstances, the agreement for sale becomes an agreement simplicitier between vendor and purchaser and accordingly, as per law this becomes an individual transaction and not covered by Consumer Protection Act. It gets covered under specific Relief Act. So, we are afraid that this Forum has jurisdiction over this dispute.
Hence,
O R D E R E D
CC/231/2016 and the same is dismissed ex-parte.
