Judgment:
Usha S. Thakare, Judicial Member:
1. Being aggrieved by the order passed by Learned District Forum, Pune in consumer complaint No.168/2010 dated 25/11/2013, original complainant has preferred the present appeal. By the order under challenge, Learned District Forum was pleased to dismiss the complaint filed by the complainant/appellant by holding that relationship between complainant and opponent is not that of consumer and service provider.
2. According to the complainant/appellant, he had entered into an agreement with opponent for purchasing land bearing plot No.38, admeasuring 1 acre from survey no. 277/19, 277/15 situated at village Warak, Tal. Mulshi, Dist. Pune. The total survey no. is admeasuring 91 acres. The opponent is a private limited company dealing in land development. On 14/01/1997 the said agreement was executed in favour of the complainant and opponent agreed for execution of sale deed of plot for Rs.1,60,000/-. On that day, an amount of Rs.10,000/- was paid by the complainant by way of earnest money by cheque dated 29/04/1997. The complainant was ready to pay balance amount of Rs.1,50,000/- in installments as per clause of agreement. The opponent has not informed about the development work of the said plot, hence no installments were paid by the complainant. On 19/09/2009, the complainant came to know that certain construction activity was going on over the said land. Hence, complainant asked the opponent to comply with the terms of the agreement of sale dated 10/07/1997. He had issued notice to the opponent on 19/12/2009 along with the cheque of Rs.1,50,000/-, but the opponent did not give response for the same, hence, complainant has filed present complaint for directing the opponent to execute the conveyance of the said plot. The complainant has also asked damages of Rs.19,00,000/- in the alternative along with the interest.
3. The original opponent/respondent resisted the complaint by alleging that District Forum has no jurisdiction to entertain and decide the complaint as the relationship between parties is not that of consumer and service provider. Learned District Forum accepted the defence raised by opponent/respondent and by order dated 25/11/2013 dismissed the complaint. Complainant/appellant has preferred the appeal to challenge said order.
4. We have heard Learned Advocate Mr.Vishal Dhage for the appellant/complainant on the point of admission of appeal.
5. It is true that there was an agreement between appellant/ complainant and opponent/respondent. Opponent/respondent has agreed to execute sale deed of the plot in question. Opponent/respondent started construction activities over the said plot. From the submissions made in the complaint by the present appellant, it can be seen that dispute between the parties is relating to sale and purchase transaction of the land i.e. immovable property. Learned District Forum rightly observed that the remedy for the complainant/appellant is to file civil suit for specific performance of contract or for recovery of amount in the Civil Court. Dispute between the parties cannot be said to be a consumer dispute. Complainant/appellant cannot be said to be consumer. The order passed by Learned District Forum is not illegal or incorrect. The appellant failed to make the case for admission. Hence, we pass the following order :-
ORDER
1. Appeal stands dismissed, as not admitted.
2. No order as to costs.
3. Copies of the order be furnished to the parties.