V.Ramesh vs A.ARUJUANDAS

THE unsuccessful complainant is the appellant. His case is that he purchased property from the opposite party for a consideration of Rs. 220/- under registered sale deed dated 30.9.81. When he went to take possession of the property he found it to be occupied by another person. He approached the opposite party and told him about it. THE opposite party admitted that he himself sold the property to the third person the occupant of the property and he promised that he would make some arrangements for allotting alternative plot to the complainant. It happened in the year 1985. Even though such promise was made by the opposite party, he failed to allot alternative plot to the complainant inspite of repeated demands and causing of legal notice. On these allegations the complaint has been filed claiming damages and compensation.

THE opposite party contested the complaint filing written version. The District Forum dismissed the complaint as not maintainable.

We heard the Counsel for the appellant/ complainant and we are clearly of the view that from the facts disclosed in the complaint this is not a matter that can be entertained by a consumer forum. There is no question of hiring or availing of any services as defined in Section 2(1)(d) of the Consumer Protection Act. The seller, after having sold the property to the complainant, selling the same property to some other person and then promising to the complainant he would make alternative arrangements to sell to the complainant some other plot but not keeping that word does not amount any hiring or availing of services of the opposite party by the complainant. The remedy if any for the complainant is to file a suit or any other proceeding in a Civil Court or elsewhere but not a complaint in a consumer forum. Rightly therefore the Dis trict Forum has dismissed the complaint. Thus we find no merit in the appeal.

ACCORDINGLY the appeal is dismissed. But, no costs. Appeal dismissed.