Brief facts of the case are that petitioner purchased plot No.33 measuring 13M-194SF from respondents for consideration of Rs.5,75,955/-. An amount of Rs.3,00,000/- was also paid as earnest money while remaining sale price was agreed to be paid at the time of formal attestation of mutation or registration of sale deed. Respondents allegedly promised to hand over possession of plot to the petitioner after fully developing the same alongwith other amenities. As respondents failed to hand over possession of land till 20.6.07, hence, this petition for sanction of mutation or registration of sale deed and handing over possession of plot to the petitioner as promised by the respondents.
2. Arguments heard on maintainability of petition and jurisdiction of this court.
3. After close perusal of the contents of petition, it would reveal that relationship of "consumer" and "service provider" is not made out in this case as parties, admittedly entered into an agreement to sell land. It is settled law that an agreement to sell creates no right except right to seek specific performance of such agreement. No doubt, the petitioner might have paid an amount of Rs.3,00,000/- to the respondent but neither the latter executed any sale deed nor effected sale mutation in petitioner's favour he had only undertaken to transfer a piece of land to the petitioner on receipt of remaining sale price of Rs.2,75,955/-. As already stated, the petitioner does not fulfill qualification of "consumer" when judged in the light of following definition of "consumer" u/s 2 C (I) of Punjab Consumer Protection Act 2005:- i) Buys or obtains on lease any product for a consideration and includes any user of such product but does not include a person who obtains any product for resale or for any commercial purpose; or ii) Hires any services for a consideration and includes any beneficiary of such services; Explanation:- For the purpose of sub-clause (i), "commercial purpose" does not include use by a consumer of products bought and used by him only for the purpose of his livelihood as a self- employed person.
4. As would appear from above, petitioner is not a "consumer" of respondent, therefore, he cannot file this petition under the provisions of Punjab Consumer Protection Act 2005. Petitioner's actual relief lies through a suit for specific performance of impugned agreement to sell, as such, the petition be returned for presentation to a court of competent jurisdiction, if advised so.
After due completion, file be consigned to record room.