LAL MOHAN HAJRA Vs. PIJUSH KANTI MONDAL

JUDGEMENT

(1.) This revision is directed against the order of the West Bengal State Consumer Disputes Redressal Commission, Kolkata (in short, "the State Commission") dated 27.1.2015 in first appeal No.1177/2013 whereby the State Commission dismissed the appeal preferred by the petitioner.

(2.) On perusal of the impugned order we find that the State Commission dismissed the appeal preferred by the petitioner on the ground that only grievance of the petitioner was in relation to specific performance of agreement to sell wherein no element of service was promised by the opposite party. Therefore, the petitioner is not a consumer as envisaged under Section 2 (1) (d) of the Consumer Protection Act, 1986 and he could not have maintained the consumer complaint.

(3.) Learned counsel for the petitioner has contended that the State Commission has failed to appreciate that pursuant to agreement to sell dated 23.1.1997 the total consideration amount had already been paid to the respondent and, therefore, by failing to execute the sale-deed the respondent has committed deficiency in service.