MRS. FIROZA KHATOON, PRESIDENT
The facts of the case are in the year 2018 the opposite party being relative approached the complainant to sell one ready to use office room measuring about 100 square feet carpet area on the ground floor along with a car parking space measuring about 134.50 square feet a little more or less at premises no.25, Ramananda Chatterjee Street, P.S. Amherst Street, Kolkata- 700009 at a consideration of Rs.10,00,000/- (Rupees ten lakhs) only. The complainant agreed to purchase the same and both parties entered into an Agreement for Sale on 01.02.2019. At the time of execution of the Agreement for Sale dated 01.02.2019, the complainant paid the total consideration amount of Rs.10,00,000/- (Rupees ten lakhs) only to the opposite party and simultaneously the opposite party delivered incomplete possession of the aforementioned office room and garage fully described in the schedule of the Agreement for Sale dated 01.02.2019 to the complainant. In paragraph 6 of the complaint application, the complainant alleged that he requested the opposite party to complete the work of construction and to execute the Deed of Conveyance in his favour but in vain. Thereafter, the complainant through his advocate sent a letter to the opposite party requesting her to execute the Deed of Conveyance in his favour but till date it remained unanswered. The complainant has obtained electric meter and applied for trade license for his business under the name and style “M/s Vishal Developers”. The complainant alleged that the opposite party has acted in breach of agreement and in negligent manner causing loss and damages to him. Therefore, the complainant has filed the case for completion of the registration of the Deed of Conveyance in respect of the office room and car parking space at premises no.25, Ramananda Chatterjee Street, P.S. Amherst Street, Kolkata- 700009 interalia on other reliefs.
In spite of service of notice the opposite party did not appear to contest the case.
Points for determination
- Is the complainant a consumer in terms of Consumer Protection Act, 2019 ?
- Is there any deficiency in service on the part of opposite party ?
- Is the complainant is entitled to get any relief as claimed for ?
Decision with reasons
In order to prove the case, complainant filed evidence on affidavit along with photo copy of documents.
The photo copy of Agreement for Sale dated 01.02.2019 notarised on 02.02.2019 is marked Document-1; photo copy of Trade License for the year 2019-2020 is marked Document-2; photo copy of Advocate’s letter dated 08.02.2022 is marked Document-3 and photo copy of A/D card is marked Document-3(a).
It is apparent from the document-1 (Agreement for Sale) that the complainant has purchased one ready to use office room along with car parking space both situated on the ground floor of premises no. 25, Ramananda Chatterjee Street, P.S. Amherst Street, Kolkata- 700009 at a total consideration of Rs. 10,00,000/- (Rupees ten lakhs) only.
Admittedly on the date of execution of agreement for sale the complainant received possession of the aforementioned office room and car parking space from opposite party on payment of full consideration amount of Rs.10,00,000/- (Rupees then lakhs) only.
Thereafter, he took electric connection in the said office room. Document-2 Trade License suggests that the complainant running his office in the said office room for his business under the name and style “M/s Vishal Developers”.
Though the complainant alleged in paragraph ‘6’ of the complaint application that he requested opposite party to complete the construction work of the incomplete portion but this allegation does not get any support from Document no.-1 and Document no.3.
It is needless to reiterate that Document no.1 clearly reveals that after completion of construction, the complainant purchased a office room and car parking space in ready to use condition. Moreover, Document no.-3, advocate’s letter dated 08.02.2022 is completely silent regarding alleged incomplete work of construction. By sending advocate’s letter the complainant demanded only for registration of Deed of Title in his favour. Document no.-2 Trade License also suggests the work of construction was completed prior to purchase.
It is crystal clear from the evidence and material on record that the complainant outright purchased a fully constructed and ready to use office room and car parking space for a consideration of Rs. 10,00,000/- (Rupees ten lakhs) only at premises no. 25, Ramananda Chatterjee Street, P.S. Amherst Street, Kolkata- 700009 from opposite party.
Therefore, we have no hesitation to hold that there was no scope on the part of the opposites party to provide any service as defined in section 2(42) of the Consumer Protection Act, 2019.
In consequence, the complainant herein cannot be treated as a “Complainant” in terms of section 2(7) of the Consumer Protection Act, 2019.
In our opinion the remedy lies for specific performance of the contract in Civil Court.
Having considered the elaborate discussion made above, it is vividly clear that the complaint application lacks merit and liable to be dismissed.
Fees paid correct.
Hence, it is
O R D E R E D
that the complaint case be and the same is dismissed ex-parte without cost.
Dictated & corrected by me
….....................
President
