16/02/15

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT          

            These are the four Appeals of identical nature u/s 15 of the C. P. Act, 1986 filed by the respective Complainants against the order dated 27/12/13 passed by the Learned District Forum, Alipore, South 24-Parganas dismissing the complaint holding that the complaints were barred by limitation. 

            The case of the respective Complainants, in short, is that they intended to purchase residential plots in “Pailan City”.  The deed of sale was registered in respect of the land on realisation of the consideration money.  The allotment letter was issued.  But the OPs failed to deliver the demarcated portion of the land together with the facilities and services as agreed upon.  For the said reason, the complaints were filed before the Learned District Forum.       

            The Learned Counsel for the Complainants has submitted that the Learned District Forum was not justified in holding that the complaints were barred by limitation.  It is contended that the OPs failed to render the services by delivery of demarcated portion of land with other facilities as agreed upon.  It is submitted that no development of the land was made in breach of the stipulation made in the agreement. 

            The Learned Counsel for the Respondent has submitted that the deed of conveyance having been registered, there remains nothing to be complied with by the Respondent.

            We have heard the submission made by both sides and perused the papers on record.  Evidently, the deed of sale in respect of the land was registered, but the services as stipulated in the agreement have not been rendered which is clear from the letter of the OPs dated June 18, 2010.  The OP Company by that letter informed the Complainant that the project could not be completed within the specified time as mentioned in the booking form due to some unavoidable circumstances which came in the way of the completion of the project.  Under such circumstances, we are of the view that the Learned District Forum was not justified in holding that the complaints were barred by limitation.  The cause of action was continuing one and the complaints were maintainable under the law. 

            The Appeals are allowed.  The impugned orders passed by the Learned District Forum are set aside.  The Learned District Forum will hear both parties and give them opportunities to adduce evidence and thereafter decide the case on merits according to law.  This judgment will govern all the Appeals as mentioned above.