S.C. Case No. FA/780/2012. Case: Arun Kumar Majumdar and Anr. Vs The Chairman, West Bengal Housing Board and Ors.. West Bengal State Consumer Disputes Redressal Commission
| Case Number | S.C. Case No. FA/780/2012 |
| Counsel | For Appellant: Aiswariya Gupta and For Respondents: Prasanta Banerjee |
| Judges | Kalidas Mukherjee, President and Mridula Roy, Member |
| Issue | Consumer Protection Act, 1986 - Section 2(i)(o) |
| Judgement Date | July 03, 2013 |
| Court | West Bengal State Consumer Disputes Redressal Commission |
Judgment:
Mridula Roy, Member
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The instant appeal is directed against an order being No. 8 dated 20.09.2012 passed by learned District Forum, Kolkata, Unit - II in CC No. 85 of 2012 wherein the learned District Forum held that the complaint case was not maintainable. Being aggrieved by this order the Complainant has preferred the V instant appeal.
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The case of the Complainant, in brief, is that he applied on 07.12.2000 to the O.P. - Board for purchasing a piece of land measuring 4.5 Cottahs at Eastern Green Project, New Town, Kolkata. Subsequently, the O.P. - Board intimated him that he had been chosen by lottery and allotted him a piece of land of 4.5 Cottahs at a consideration of Rs. 7,20,000/- which was payable by four equated installment @ Rs. 1,08,000/- each. Though, the Complainant paid most of the instalments the O.P. -Board did not take initiative to handover the possession of the land to the Complainant, instead, intimated him by a letter dated 15.06.2011 that the agreement had been cancelled mentioning that the allotment was provisional in nature. The Complainant made several correspondences to the O.Ps. for delivery of possession of the said plot of land and even served an Advocate's letter upon the O.P. - Board asking them to deliver possession of the said plot after receiving rest amount of consideration. But all were in vain. Therefore, the Complainant filed the petition of complaint before the learned District Forum praying for direction upon the O.Ps. to recall the letter dated 15.06.2011, to issue a release order in respect of 4.48 Cottahs at the said project, to pay compensation of Rs. 2,00,000/- for causing mental agony and harassment and to pay Rs. 20,000/- towards litigation charges.
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The O.Ps. appeared before the learned District Forum and filed the petition challenging the maintainability of the case stating that the instant dispute was not within the purview of the Consumer Protection Act since it was a case of sale simpliciter in respect of an immovable property.
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In course of hearing the learned Advocate for the Appellant submitted that the allotment was provisional and towards that Rs. 7/- lakhs and odd was paid by the Complainant. On 13.02.2002 the allotment was done. Learned Advocate for the Appellant further stated that since there development works were involved in the land in question, the same will be within the purview of the Section 2(i)(o) of the C.P. Act and the Complainant availed of the service...
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