Order date: 12 .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 and one judgement of the Supreme Court of India   filed by the complainants.

It appears that the complainants for their residential accommodation of their family members had decided to purchase one flat at Kalna,  developed by Bubble Deal Company Pvt. Ltd. i.e. OP No. 1 and 2 herein.

Accordingly, the complainants had entered into an agreement for sale on 27.06.2021 with the OPs.

Thereafter the OPs delivered the Possession of the flat to the complainants by executing a Deed of Sale, which was registered at the office of A.D.S.R. Kalna, Purba Bardhhama on 30.07.2021. The OPs delivered the possession of the flat but did not deliver the possession for car parking space to the complainants and the OPs did not supply completion certificate and the possession letter to the complainants. So the complainants have filed this complaint jointly against the OPs due to deficiency in service and unfair trade practice on the part of the OPs.

The complainants purchased the flat by way of registered deed on 30.07.2021 and took possession of the flat on that very date from the OPs .   From this case of the complainants, 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 30.07.2021, 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 30.07.2021 , 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. 30.072021 or taking possession by the purchaser complainants of the property.

Even there is no petition for condonation of delay u/S 69(2) of the CP Act 2019.

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