w w w . L a w y e r S e r v i c e s . i n



Prantik Agro (P) Ltd. v/s Anup Kr. Lahiri


Company & Directors' Information:- A C LAHIRI & CO PVT LTD [Strike Off] CIN = U31506WB1947PTC015214

Company & Directors' Information:- K. N. C. AGRO LIMITED [Active] CIN = U01500WB2005PLC102657

Company & Directors' Information:- F AND K AGRO PRIVATE LIMITED [Active] CIN = U01111PN1980PTC014563

Company & Directors' Information:- R T AGRO PRIVATE LIMITED [Active] CIN = U15400MH1988PTC122934

Company & Directors' Information:- N M AGRO PRIVATE LIMITED [Active] CIN = U15209DL2000PTC103461

Company & Directors' Information:- K F AGRO PRIVATE LIMITED [Active] CIN = U01132PB1998PTC021937

Company & Directors' Information:- T K M AGRO LIMITED [Active] CIN = U01119TZ2000PLC009159

Company & Directors' Information:- M S AGRO PRIVATE LIMITED [Active] CIN = U01403WB2011PTC163653

Company & Directors' Information:- S K K AGRO PRIVATE LIMITED [Active] CIN = U01110DL2007PTC163157

Company & Directors' Information:- P N AGRO PVT LTD [Active] CIN = U01401WB1992PTC056261

Company & Directors' Information:- B R V AGRO PRIVATE LIMITED [Strike Off] CIN = U15139UP2007PTC034299

Company & Directors' Information:- A A AND A AGRO LIMITED [Converted to LLP] CIN = U01111DL1986PLC025101

Company & Directors' Information:- B. P AGRO INDIA PRIVATE LIMITED [Active] CIN = U15132DL2019PTC357421

Company & Directors' Information:- M Y AGRO PRIVATE LIMITED [Active] CIN = U51221DL2011PTC215043

Company & Directors' Information:- H R D AGRO PRIVATE LIMITED [Active] CIN = U15490PB2006PTC030412

Company & Directors' Information:- C F L AGRO PRIVATE LIMITED [Strike Off] CIN = U01409KA2001PTC028797

Company & Directors' Information:- L K AGRO PRIVATE LIMITED [Active] CIN = U15140MH1998PTC115185

Company & Directors' Information:- ANUP (INDIA) LIMITED [Active] CIN = U01132WB1980PLC033038

Company & Directors' Information:- H D AGRO PRIVATE LIMITED [Strike Off] CIN = U01111MH1996PTC097451

Company & Directors' Information:- P C L AGRO PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049537

Company & Directors' Information:- A S AGRO PRIVATE LIMITED [Active] CIN = U74899DL1989PTC040467

Company & Directors' Information:- S N N AGRO PRIVATE LIMITED [Active] CIN = U01114JH2016PTC008919

Company & Directors' Information:- R R S AGRO PRIVATE LIMITED [Strike Off] CIN = U15139DL2010PTC209756

Company & Directors' Information:- AGRO PRIVATE LIMITED [Strike Off] CIN = U51101KA1962PTC001475

Company & Directors' Information:- D. J. AGRO PRIVATE LIMITED [Strike Off] CIN = U01112DL1994PTC057414

Company & Directors' Information:- G A AGRO PRIVATE LIMITED [Active] CIN = U01229KL2002PTC015736

Company & Directors' Information:- M K B AGRO PRIVATE LIMITED [Active] CIN = U01100MH1996PTC101802

Company & Directors' Information:- T D K AGRO PRIVATE LIMITED [Active] CIN = U29190BR1991PTC004486

Company & Directors' Information:- S G AGRO PRIVATE LIMITED [Active] CIN = U01122KA1995PTC017091

Company & Directors' Information:- AGRO INDIA PRIVATE LIMITED [Active] CIN = U01407AR2013PTC008381

Company & Directors' Information:- U & V AGRO PRIVATE LIMITED [Active] CIN = U01403TZ2015PTC021823

Company & Directors' Information:- B A B AGRO LTD [Strike Off] CIN = U24231MH1993PLC073114

Company & Directors' Information:- B A B AGRO LTD [Active] CIN = U24233WB1987PLC043179

Company & Directors' Information:- B C M AGRO PRIVATE LIMITED [Active] CIN = U01119WB1999PTC090308

Company & Directors' Information:- K. K. AGRO PVT. LTD. [Strike Off] CIN = U51420WB1987PTC042090

Company & Directors' Information:- H & W AGRO PRIVATE LIMITED [Strike Off] CIN = U01400MH2012PTC238144

Company & Directors' Information:- K D AGRO PRIVATE LIMITED [Converted to LLP] CIN = U15312DL2005PTC131996

Company & Directors' Information:- H R AGRO PRIVATE LIMITED [Active] CIN = U01119PB1995PTC016403

Company & Directors' Information:- C K N AGRO PRIVATE LIMITED [Active] CIN = U01300KL2020PTC064742

Company & Directors' Information:- A Q AGRO PVT LTD [Under Process of Striking Off] CIN = U51209WB2006PTC109930

Company & Directors' Information:- S E AGRO PRIVATE LIMITED [Active] CIN = U52500AP2016PTC103446

Company & Directors' Information:- S U B AGRO PRIVATE LIMITED [Active] CIN = U24129PN2000PTC015404

Company & Directors' Information:- A S G AGRO LIMITED [Strike Off] CIN = U01119HR2004PLC035459

Company & Directors' Information:- T & T AGRO PRIVATE LIMITED [Active] CIN = U01132WB1999PTC090368

Company & Directors' Information:- C L AGRO PRIVATE LIMITED [Strike Off] CIN = U74120UP2012PTC051898

Company & Directors' Information:- P M S AGRO PVT LTD [Strike Off] CIN = U29211PB1994PTC014448

Company & Directors' Information:- B R K AGRO PRIVATE LTD [Strike Off] CIN = U29211PB1994PTC014302

Company & Directors' Information:- R E I AGRO LTD. [Active] CIN = U01111WB1994PLC065082

Company & Directors' Information:- P & S AGRO INDIA LIMITED [Strike Off] CIN = U01403MH2011PLC214782

Company & Directors' Information:- D N D AGRO (INDIA) LIMITED [Active] CIN = U01403PN2011PLC139235

Company & Directors' Information:- L C A AGRO PRIVATE LIMITED [Strike Off] CIN = U01112UP2005PTC029657

Company & Directors' Information:- V M G AGRO INDIA LIMITED [Active] CIN = U01100MP2011PLC026434

Company & Directors' Information:- G D AGRO PRIVATE LIMITED [Strike Off] CIN = U24122UP1993PTC015164

Company & Directors' Information:- P B AGRO PRIVATE LIMITED [Amalgamated] CIN = U26960MH1990PTC057137

Company & Directors' Information:- R A P AGRO INDIA PVT LTD [Strike Off] CIN = U14200WB2006PTC107514

Company & Directors' Information:- G T AGRO INDIA PRIVATE LIMITED [Strike Off] CIN = U74899DL2005PTC142577

Company & Directors' Information:- F AND K AGRO PVT LTD [Strike Off] CIN = U29248PN1980PTC022759

Company & Directors' Information:- E M AGRO (INDIA) PRIVATE LIMITED [Strike Off] CIN = U02001UP1997PTC022261

Company & Directors' Information:- J S AGRO PRIVATE LIMITED [Strike Off] CIN = U01300PB1993PTC013943

Company & Directors' Information:- A N AGRO PRIVATE LIMITED [Strike Off] CIN = U01119DL1996PTC081855

Company & Directors' Information:- V R L AGRO PRIVATE LIMITED [Strike Off] CIN = U85110KA1999PTC024717

Company & Directors' Information:- P. S. R. AGRO PRIVATE LIMITED [Active] CIN = U24248UP1974PTC004017

Company & Directors' Information:- O N AGRO PRIVATE LIMITED [Active] CIN = U74899DL1988PTC031986

Company & Directors' Information:- K R S AGRO PRIVATE LIMITED [Strike Off] CIN = U01400PN2011PTC141711

Company & Directors' Information:- J K AGRO PRIVATE LIMITED [Strike Off] CIN = U74900PY2011PTC002548

Company & Directors' Information:- W B S AGRO PRIVATE LIMITED [Active] CIN = U01122PB2003PTC025879

Company & Directors' Information:- G T M AGRO PRIVATE LIMITED [Strike Off] CIN = U01100MH2005PTC150816

Company & Directors' Information:- Y K AGRO PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U74999DL2013PTC250398

Company & Directors' Information:- N P M AGRO PRIVATE LIMITED [Strike Off] CIN = U15494DL2011PTC214942

Company & Directors' Information:- B L B AGRO PRIVATE LIMITED [Strike Off] CIN = U51200DL2012PTC244511

Company & Directors' Information:- D A AGRO PRIVATE LIMITED [Active] CIN = U74900DL2015PTC288168

Company & Directors' Information:- D. B. AGRO PRIVATE LIMITED [Active] CIN = U01100MP2010PTC025035

Company & Directors' Information:- S K LAHIRI & CO PVT LTD [Strike Off] CIN = U22122WB1934PTC008031

    First Appeal No. A/628/2019

    Decided On, 11 March 2020

    At, West Bengal State Consumer Disputes Redressal Commission Kolkata

    By, THE HONOURABLE MR. SAMARESH PRASAD CHOWDHURY
    By, PRESIDING MEMBER & THE HONOURABLE MRS. DIPA SEN (MAITY)
    By, MEMBER

    For the Appellant: Prasanta Banerjee, Advocate. For the Respondent: Madan Mohon Das, Advocate.



Judgment Text


Samaresh Prasad Chowdhury, Presiding Member

The instant appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) is at the behest of Opposite Party to impeach the judgment/ final order dated 11.06.2018 passed by the District Consumer Disputes Redressal Forum, South 24 Parganas at Baruipur (in short, Ld. District Forum) in Consumer Complaint no. 122/2016. By the impugned order, the Ld. District Forum allowed the complaint lodged by the respondent under Section 12 of the Act. The operative part of the order runs as follows:

“That the complaint case be and the same is decreed on contest against the OP with a cost of Rs. 10,000/- to be paid to the complainant by the OP.

The OP is directed to register the deed of conveyance in favour of the complainant with respect to the land described in schedule to the complaint, deliver possession of the land to the complainant and also to pay a sum of Rs. 50,000/- as compensation for harassment and mental agony suffered by the complainant, within a month of this order, failing which the compensation amount will bear interest @ 10% p.a. till full realisation and the complainant is also at liberty to get the sale deed registered and recover the possession of the land through the machinery of the Forum....”

The respondent herein being complainant lodged the complaint under Section 12 of the Act before the Ld. District Forum stating that on 12.12.2006 he entered into an agreement with the Opposite Party to purchase of a piece of land measuring about 02 cottahs 08 chittaks in R.S. dag No. 7187/7230 appertained to different khatians under J.L. No. 97 within Mouza-Ramnagar, P.S.- Baruipur, Dist- South 24 Parganas at a total consideration of Rs. 75,000/-. The complainant has stated that he has paid the entire amount to the Opposite Party as per terms of the agreement in accordance with the agreement, as stipulated to be paid by 36 monthly instalments. Despite payment of the entire consideration amount, the Opposite Party has failed to deliver possession and to execute the sale deed in respect of the said residential plot within the stipulated period i.e. 11.12.2009 i.e. within 3 years from the date of execution of agreement for sale. In this regard, all the requests and persuasions including notice went in vain. Hence, the respondent approached the Ld. District Forum with prayer for following reliefs, viz.- (a) to direct the Opposite Party to transfer and handover the plot in question with all basic amenities; (b) to direct the Opposite Party to pay Rs. 2,00,000/- as compensation for harassment and mental agony; (c) costs of the proceedings of Rs. 50,000/- etc.

The appellant being Opposite Party by filing a written version averred that the complaint is not amenable before a Consumer Forum and the Ld. District Forum had no jurisdiction to entertain the complaint as the dispute is purely civil in nature.

After assessing the materials on record, the Ld. District Forum by the impugned order allowed the complaint with certain directions upon the Opposite Party to the extent, as indicated above. To assail the said order, the Opposite Party has come up in this commission with the instant appeal.

Mr. Prasanta Banerjee, Ld. Advocate for the appellant has submitted that the Ld. District Forum has passed the order without considering the actual proposition of law that an agreement for transfer of land does not come under the purview of the Act. In support of his submission, he has placed reliance to a decision of the Hon’ble Supreme Court reported in Civil Appeal No. 331 of 2007 (Ganesh Lal –vs- Shyam) and submitted that the dispute being civil in nature, the respondent /complainant should have approached a competent civil court.

Per contra, Mr. Madan Mohan Das, Ld. Advocate for the respondent referring a decision of the Hon’ble Supreme Court reported in 2017 (1) CPR 44 (Haryana State Agricultural Marketing Board –vs- Bishamber Dayal Goyel and Ors.) has contended that keeping in view the principles of law laid down by the apex court in the said case, this complaint is amenable before a forum constituted under the Act inasmuch as there was promise to develop the infrastructure at the time of selling the plot in question.

We have given due consideration to the submission made by the Ld. Advocate appearing for the parties and scrutinised the materials on record.

Undisputedly, on 12.12.2006 the respondent had entered into an agreement for sale with the appellant to purchase of a piece of land measuring about 02 cottahs 08 chittaks in R.S. dag No. 7187/7230 appertained to different khatians under J.L. No. 97 within Mouza-Ramnagar, P.S.- Baruipur, Dist- South 24 Parganas at a total consideration of Rs. 75,000/- @ Rs. 30,000/- only per cottah. It remains undisputed that the respondent has already paid the entire consideration amount of Rs. 75,000/- which was payable by the respondent by way of 36 instalments. In the agreement it was stipulated that the appellant company will handover the plot in question to the respondent within 36 months from the date of execution of agreement for sale. Therefore, when the agreement for sale was executed on 12.12.2006, in terms of the said agreement, the appellant company should have executed the sale deed and delivered possession of the plot within 11.12.2009. The failure on the part of appellant company to fulfil their part of promise constrained the respondent to approach the Ld. District Forum.

Now, the question arises for consideration as to whether the alleged agreement for sale of plot of land will come under the purview of the Act. In this regard, the decision referred by the Ld. Advocate for the respondent does not help the respondent/complainant to overcome the hurdle of embargo imposed under law. In the said decision, it has been observed that the statutory Boards and Development Authorities which are allotting sites with the promise of development are amenable to the jurisdiction of a consumer forum in case of deficiency of services. On the contrary, in the case of Ganesh Lal (Supra) while discussing over the issue, in paragraph 6 of the said decision the Hon’ble Supreme Court has observed thus:

“6. It is submitted that failure to hand over possession of the plot of land simpliciter cannot come within the jurisdiction of the District Consumer Forum, State Commission or National Commission. We quite see merit in this submission of Mr. Lambat, particularly having seen the definition of ‘deficiency’ as quoted above. We may, however, note that when it comes to ‘housing construction’ , the same has been specifically covered under the definition of ‘service’ by an amendment inserted by Act 50 of 1993 with effect from 18th June, 1993. That being the position, as far as the housing construction by sale of flats by builders or societies is concerned, that would be on a different footing. On the other hand, where a sale of plot of land simplicoter is concerned, an if there is any complaint, the same would not be covered under the said Act.”

The Hon’ble National Commission in a case of similar nature reported in 2018 (2) CPJ 171 (Dipak Das and Another –vs- Bengal Shristi Infrastructure Development Limited and Another) has observed that in a case of sale of plot of land by the OPs to the complainant for consideration without having any agreement for further development on payment, it does not come within the ambit of deficiency of service and the case being a sale simpliciter, it is not covered under the Act.

The facts of the referred case were that the Opposite Party being an infrastructure development concern intended to develop the integrated township under the name and style ‘Shristi Nagar’ at Asansol, started to develop plots, plots with bungalows etc to the intending purchasers. The complainant No. 1by an application applied for a plot measuring about 2.05 cottahs more or less at Shristi Nagar. However, on the allegation of deficiency of services the complainant lodged the complaint being DF case No. 200/2012 with following prayers:

The possession of plot No. 49 at Ahiri (standard), Shristinagar, Asansol or if the plot No. 49 is not available then any other plot of land measuring 2.5 kathas at Shristinagar at Asansol after receiving payment of Rs. 1,70,130/-

* Rs.50,000/- as compensation towards mental pain, agony and harassment;

* Rs. 60,000/- towards litigation cost and/or

* To pass such other or further order or orders as your honour may deem fit and proper

The said complaint was allowed by the Ld. District Forum, Burdwan vide its order dated 09.04.2014. Aggrieved by the said order of the Ld. District Forum, the infrastructure development concern preferred an appeal in this commission being FA/738/2014. This commission by final order/judgment dated 13th October, 2017 allowed the appeal and set aside the order passed by the ld. District Forum citing the reference in the case of Ganesh Lal (supra). The Hon’ble National Commission in RP No. 57/2018 arising out of the said appeal did not find any jurisdictional or legal error in the order of this commission passed in appeal and consequently dismissed the revision petition. In the instant case, it is evident that the respondent in his petition of complaint has prayed for execution of sale deed over the plot mentioned in the schedule to the agreement for sale which clearly indicates that it is a case of sale simpliciter of a plot of land which is not amenable before a forum constituted under the Act.

The decision in the case of Haryana State Agricultural Marketing Board (supra) is altogether different with the facts and circumstances of the present case because in the said case it has been held that statutory boards and Development Authorities which are allotting sites with promise of development, are amenable to jurisdiction of Consumer Forum in case of deficiency of service. The question arises in this case was not at all subject matter for consideration in the referred case. Therefore, the decision referred on behalf of respondent has no manner of application in the facts and circumstances of the present case.After giving due consideration to the submission made by the Ld. Advocates appearing for the parties, we are of the opinion that the Ld. District Forum has passed the impugned order without considering the proposition of law that a mere purchase of a plot/developed plot by itself does not authorise a person to get protection under the Act unless it is shown that apart from purchase of plot, the purchaser has also hi

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red the services on consideration for raising construction to attract the definition of ‘service’ as defined in Section 2 (1)(o) of the Act. So, purchase of a plot of land after development of basic structure like road, electricity etc does not by itself entitle a person to approach a consumer forum. Therefore, keeping in view the authorities referred above, we are constrained to interfere with the order impugned. For the reasons aforesaid, the appeal is allowed on contest. However, there will be no order as to costs. The impugned judgment/final order is hereby set aside. Consequently, the complaint is rejected being not maintainable before a forum constituted under the Act. However, this order will not prevent the respondent/complainant to approach an appropriate forum/court in accordance with law and in order to overcome the hurdle of limitation, he may seek assistance of the decision reported in (1995) 3 SCC 583 (Laxmi Engineering Works –vs- P.S.G. Industrial Institute). The Registrar of the Commission is directed to send a copy of the order to the Ld. District Consumer Disputes Redressal Forum, Baruipur for information.
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