Order date: 22 .08.2024.

Today is fixed for admission hearing.                 

The complaint is moved by the Ld. Counsel for the complainant for admission hearing.

Heard the Ld Advocate for the complainant.

 Perused the complaint , Xerox copies of documents   filed by the complainant.

It appears that the complainant for her residential accommodation for her  family members had decided to purchase one flat at Asansol    developed by M/S  JAY MATA DI HOUSING PROJECTS , a partnership firm , represented by its partners, i.e   OP Nos. 1  to 5 herein.

Accordingly, the complainant had entered into an agreement for sale on 28.01.2019 with the OPs.

Thereafter the Principal OPs delivered the Possession of the flat to the complainant by executing a Deed of Conveyance , which was registered at the office of A.D.S.R. Asansol , Paschim  Bardhhama on 19.08.2019. The Principal OPs delivered the possession of the flat but did not deliver the possession for car parking space to the complainant, but as the OPs did not allot any car parking space within stipulated period, as such, the complainant with the consent of the Principal OPs have been parking her car bearing Parking No. 26  in the resident of the apartment .  The Principal OPs also  did not supply ‘Completion Certificate and the Possession Letter

to the complainant. So the complainant has filed this complaint  against the OPs due to deficiency in service and unfair trade practice on the part of the OPs.

The complainant purchased the flat by way of registered deed on 19.08.2019  and took possession of the flat on that very date from the OPs .   From this case of the complainant, it is clear that being the developer he had a duty to hand over the possession of flat in question as he was a service provider to the complainants and after handing over the possession without any objection by the complainants on 19.08.2019, the OPs  had ceased his all duties and responsibilities being the service provider to the complainants and since then the complainants raised no objection against the flat in question . If any dispute was existed in the flat then the complainants ought to take a step within two years since 19.08.2019, so it is also time barred , some letters sent by the complainant to the OPs is time barred with regard to the date of sale deed. dt. 19.08. 2019 or taking possession by the purchaser complainants of the property.

Even there is no petition for condonation of delay  .

Naturally,  we find this complaint is time barred one.

Let the admission be refused and thus disposed of.                  

             Let a copy of this order be given to the complainant on free of cost.

Member                                                  Presiding-Member               

D.C.D.R.C., Purba Bardhaman                    D.C.D.R.C., Purba Bardhaman