WEST BENGAL STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, CALCUTTA
Honble Mr. Justice A.K. Bhattacharjee, President;
Mr. Monoranjan Ghosh & Mrs. S. Dutta, Members
ANIL KUMAR SAHA & ORS.—Appellants
versus
MADAN JANA & ORS.—Respondents
S.C. Case No. 55/o of 1994—Decided on 19.2.1998

The main legal point established is that cases for specific performance of contract, not related to house construction, do not fall under the jurisdiction of the Consumer Court under the Consumer Protection Act.

Headnote:

Consumer Protection Act - Specific Performance of Contract - The complainants' case for specific performance of contract was found to be not maintainable before the Consumer Court as it did not fall under the purview of the Consumer Protection Act.

Fact of the Case:

The complainants entered into a written agreement for the purchase of a plot of land and paid earnest money. The opposite parties failed to register the deed in their favor, leading the complainants to file a case for refund of the earnest money or to execute the deed of sale and complete the registration.

Finding of the Court:

The court found that the case was not maintainable before the Consumer Court as it was a pure case for specific performance of contract and did not fall under the purview of the Consumer Protection Act. The case was dismissed, and the complainants were advised to approach the competent Civil Court for specific performance of the contract.

Issues: The main issue was whether the case for specific performance of contract fell under the jurisdiction of the Consumer Court.

Ratio Decidendi: The court determined that as the case was not a contract for house construction, the complainants could not be considered consumers under the Consumer Protection Act, making the case not maintainable before the Consumer Court.

Final Decision: The case was dismissed, and the complainants were advised to approach the competent Civil Court for specific performance of the contract.