Order Date: 04.12.2024  .

Today is fixed for hearing of the M.A. case being No.71/2024 filed by the complainant on 19.07.2024 u/S 69(2) of C.P. Act, 2019 regarding condonation of delay in filing the case No. CC/126/2024.

            The Ld. Advocate for the complainant is present.

            Ops are absent.

            The M.A. case is taken up for hearing.

            Heard.

The complainant has filed this case alleging deficiency in service and unfair trade practice against the opposite parties. The cause of action of this firstly arose on and from 24.06.2022 i.e. from the date of registration of the flat before the A.D.S.R., Burdwan bearing Deed No. 6600 for the year 2022, Book No. 1, Volume No. 0203 2022, Pages from 168692 to 168717. That thereafter, the opposite parties delivered possession of the flat on 26.09.2024 to the complainant. But as the opposite parties have not given the certificate of delivery of possession of the flat to the complainant, so, it is not possible for the complainant to establish the date of delivery of possession of the flat by pen and papers. So, the period of limitation will be considered to start from the date of registration of the flat i.e. on and from 24.06.2022. As such, the complainant would have to file this complaint case before this Ld. Commission on or within 23.06.2024 as per provisions of Consumer Protection Act' 2019.

The opposite parties have been assuring the complainant to hand over the delivery of car parking space, supply completion certificate and possession certificate to the complainant as early as possible since the date of registration of the flat. So, relying upon such assurance of the opposite parties the complainant has been waiting for a long time with a ray of hope, and as such, this delay has been caused to file this case before this Ld. Commission.

Under the above mentioned facts and circumstances, the complainant humbly prays for condonation of delay of 23 days in instituting this complaint petition.

The Ops file W/O against the said condonation petition denying the statements of the complainant that the cause of action arose on and from 24.06.2022 i.e. from the date of registration of flat  or that the Ops delivered possession of the flat on 26.09.2024 to the complainant or it  is not possible for the complainant to establish the date of delivery of possession of the flat by pen and paper or that the period of limitation will be considered to start from the date of registration of the flat and prays for rejecting the condonation petition with cost.

Perused the complaint as well as the petition u/S 69(2) of the C.P. Act, 2019 for condonation of delay in lodging the complaint and the W/O filed by the OP. 

From the W/O of the Ops, it is not found the date of delivery   of the Flat to the complainant.

Under the above facts and circumstances, there is every earthly material to allow the petition for condonation of delay.

Hence, it is

                                                 Ordered

That the petition u/S 69(2) of the C.P. Act, 2019 is considered and allowed.

Let the delay in lodging the complaint is hereby condoned.

Accordingly, the case is admitted. As the Ops are on record, no need to send requisites.

The M.A. case being No. 71/2024 is thus disposed of.

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

Fix   10.01.2025  for filing W/V by the Ops .

      Member                                                                                             President-in-Charge.

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