SOMNATH CHAKRABORTY Vs. PRABIR RANJAN SEN

JUDGEMENT

(1.) Affidavit of Service filed in Court today be kept with the record. Inspite of service none appears on behalf of the opposite parties.

(2.) The petitioner filed a complaint under Section 10 of the Consumer Protection Act, 1956 (hereinafter referred to as the said Act 'in short') before the District Consumer Disputes Redressal Forum at Alipore for execution and registration of the necessary deed of conveyance in his favour in respect of the Flat No. 5 at the 2nd Floor of Premises No. 9, Ramkrishna Lane, Police Station - Kasba, Kolkata - 700 031 with the undivided proportionate of land and all amenities and common areas comprised in the said premises on the allegation that by virtue of two agreements dated November 18, 1987 the opposite parties had agreed to transfer the said flat in his favour on payment of consideration price fixed in those agreements but inspite of receipt of the entire consideration price and even after delivering the possession of the said flat to the petitioner the opposite parties are not executing and registering the necessary deed of conveyance.

(3.) The said application of the petitioner was registered before the District Forum as C.C. Case No. 504 of 2013. The District Forum by the judgment and order dated August 29, 2014 dismissed the said application holding that the said flat since was let out to a third party the petitioner is not coming within the definition of Consumer as defined under Section 2(d) of the said Act.