BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
KOLKATA UNIT-III
Tramline Building ( 1st Floor )
18, Judges Court Road, Alipore, Kolkata - 700027
CC/361/2021
In
the matter of :
Sri Gour Mitra,
Son of Late Sital Prassad Mitra, residing at premises being no. 104A, Peary
Mohan Roy Road, Post Office Alipore, Police Station – Chetla, Kolkata – 700027. ______Petitioner
-
Versus
–
-
Sri Ashok
Kumar Gupta, Son of Late Girija Prasad Gupta, residing at premises being no.
15, Mullick Para Lane, Post Office Bangur, Police Station DumDum, Kolkata –
700055.
____Respondent
Brief Notes of
Argument
On behalf of
The Respondent;
Argument;
Admittedly,
the Complainant invested his money by way of Agreement for Sale dated 6th
day of November’ 2020, which is symbolic in nature as a Security documents of
his investment. Consequently, the complainant tried to establish a Consumer
disputes, well before the given date in the said agreement for sale. Thus the
Complainant is not entitled to get any relief at First Investor is not a
Consumer; and Secondly the consumer application is premature;
Surendra Kapur
– versus – M/s. Puja Construction Limited and 3 Others; in Consumer Case No.
307 of 2013; Decided on 03/11/2022; by the Hon’ble National Consumer Disputes Redressal
Commission, New Delhi;
LIST OF DATES
|
Sl. No. |
Date |
Particulars’ |
|
01 |
06/11/2020 |
Agreement
for Sale / Payment of Rs. 10,00,000/- |
|
02 |
08/12/2020 |
Payment
of Rs. 5,00,000/- |
|
03 |
06/02/2021 |
Payment
of Rs. 5,00,000/- |
|
04 |
28/07/2021 |
Email
by the Complainant |
|
04 |
02/08/2021 |
Email
to the Complainant “as
advised by you I have sold your Ground Floor Flat at 65/2, Jainuddin Mistry
Lane, Kolkata – 700027. The intending purchaser will make the payment by second
week of August, 2021, after which I will return the advance amount that you have
paid me at the time of booking the Flat. I hope to pay you by 25th
August, 2021” |
|
05 |
05/08/2021 |
Email
by the Complainant |
|
06 |
06/05/2022 |
Agreement
for Sale Valid till date |
|
07 |
18/08/2021 |
The
Present Consumer case was filled |
Fact;
a)
That
the Agreement for Sale dated 6th of November 2020, has been entered
between the parties being an indenture of Security of investment made by the
Petitioner to the Respondent, herein. The money being sum of Rs. 20,00,000/- (
Rupees Twenty Lakhs ) only, has been paid on different dates by the petitioner
to the respondent herein and thereby entitle to get such money with appropriate
banking rate of interest thereon. Thus the said Agreement for Sale dated 6th
day of November’ 2020, is a symbolic one as a Security documents of investment
made by the petitioner herein.
b)
That
the investment of the Petitioner and return thereof with appropriate banking
rate of interest thereon is a commercial activities between the parties herein
and the same has lost the jurisdiction of the Hon’ble Consumer Disputes
Redressal Commission.
c)
That
in the event, considering the said Agreement for Sale dated 6th day
of November’ 2020, it is pertinently states that the petitioner failed to
comply with the payment schedule or the manner of payment in the given time
frame in the said agreement for sale.
d)
That
the petitioner placed his financial difficulties to pay any further to the
respondent herein and approached the respondent as to sale out the subjected
flat to other intending purchaser and refund his money on such sale.
e)
That
in pursuance of asking of the petitioner, respondent proceeded and sold out the
subject flat of the said Agreement for Sale dated 6th day of
November’ 2020, to other intending purchaser, and arranged himself to pay back
money of the petitioner with appropriate banking rate of interest but this is
the petitioner who in greed to get more money presumably changed his color and with
such motivation initiated the present consumer proceeding against the
respondent.
f)
That
the given disputes of the petitioner in his petition of consumer complaint are
not a consumer disputes as meant for the Consumer Protection Act 2019.
g)
That
the Respondent is all along ready and willing to refund the money paid by the
petitioner with appropriate banking rate of interest.
h)
That
the said Agreement for Sale dated 6th day of November’ 2020, clearly
contended that the respondent has agreed to hand over the proposed flat to the
purchaser within 18 months from the date of the agreement, subject to the
petitioner complying to the terms of payment mentioned in schedule – E and
standard force majure conditions, therefore the eighteen months come on 6th
day of April’ 2022, thus the present consumer proceeding is premature one
initiated by the petitioner.
CONCLUSION;
The
Complainant is not entitled to get any relief in terms of his prayer;
============================XXX===========================
No comments:
Post a Comment