ANIL KUMAR SAHA Vs. MADAN JANA

JUDGEMENT

(1.) This is a petition of complainant under Sec.17 of the Consumer Protection Act, 1986. The petitioner's case is that they had entered into a written agreement on 5th December, 1990 that the opposite party Nos.1 to 4 for the purchase of a plot of land measuring 6 katahs as per schedule of the agreement dated 5.12.1990 and paid Rs.1,20,000/- as earnest money. But inspite of the fact they were willing to pay the remaining portion of the consideration money, the opposite parties failed to register the deed in their favour. Hence, they filed this case for refund of the amount of the earnest money paid by them or alternatively to execute the deed of sale and complete the registration. The opposite parties 1,2,3,4 and 19 appeared, but did not contest the case at the time of hearing. Hence, the case was heard ex-parte.

(2.) We find that this is a pure case for specific performance of contract. As it is not a contract for house construction, the complainants cannot be said to be consumers. Hence, this case is not maintainable before the Consumer Court.

(3.) Accordingly the case is dismissed and the complainants are advised to approach before the competent Civil Court for specific performance of contract if they so like.