The Ld. Counsel for the Complainant is present. Today is fixed for hearing of this compliant on the point of its admissibility.

At the time of admission hearing it is noticed by us that the Complainant being intended to purchase an old ground floor flat of a building at a total consideration amount of Rs.3,00,000/- had entered into an agreement with the OP. As the OP did not take any step to execute the sale deed in favour of the Complainant, hence by filing this complaint the Complainant has sought for registration of the sale deed in his favour along with other reliefs.

We have noticed that an agreement for sale was executed by and between the Complainant and the OP for purchasing an old ground floor flat in a building.  In this respect we are to mention the judgment passed by the Hon’ble NCDRC in the case of Ratna Roy vs. Babul Sarkar & Another, dated 24.11.2017, wherein in the paragraph no-6 it is hold by Their Lordships which runs as follows:-

6. If a person enters into an agreement to purchase a ready built up flat, such a transaction would not be under the Consumer Protection Act since the purchaser cannot be said to be a consumer within the meaning of Section 2(1)(d) of the Consumer Protection Act. There is no question of hiring or availing any services of the seller in a transaction for sale of ready built up flat. The term ‘service’ has been defined in the Consumer Protection Act to include housing…….. Therefore, neither a consumer complaint would be maintainable in respect of such transaction nor the consumer Forum would have jurisdiction to entertain such a complaint’.

The abovementioned observation of the Hon’ble NCDRC is very much applicable in the case in hand as agreement was executed after the house had already been constructed. It is clearly stated in the agreement that for purchasing an old flat the Complainant had entered into an agreement with the O. Therefore having regard to the aforementioned observation of the Hon’ble NCDRC, we are of the view that this complaint cannot be maintainable before this Ld. Forum as he is not a consumer within the purview of the definition of ‘Consumer’ as enumerated in the Consumer Protection Act, 2019.

Going by the foregoing discussion hence it is ordered that the consumer complaint being no-CC/97/2021 is hereby dismissed without being admitted. Considering the facts and circumstances there is no order as to cost.

It is pertinent to mention that this complaint is accompanied with MA-24/2021 filed by the Complainant praying for a restraining order against the OP so that the OP cannot alienate/sellout the questioned flat to any third party till disposal of this complaint. But as the Complaint is not maintainable and hereby dismissed, the said MA being no-24/2021 is also dismissed. No cost.

However the Complainant is at liberty to approach before the competent Court for redressal of his grievance, if not barred otherwise.

As the complaint is not admitted hence the Complainant is also at liberty to approach before the appropriate authority of this Ld. Commission for getting return of the copy of the complaint along with its documents by filing a separate application. The appropriate authority of this Ld. Commission is hereby directed to take necessary step so that the Complainant get return of the aforementioned documents upon receipt of the application without any further delay.

Let a copy of this judgment be given to the party/ies free of cost as per the CPR.

Dictated and corrected by

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT