Sri Utpal Kumar Bhattacharya, Member

        This is an Appeal u/s 15 of the C.P Act, 1986 challenging the judgment and order dated 26.11.2013 passed by the Ld. District Forum, South 24 Parganas in Complaint Case No. 277/2013 allowing the complaint in part with cost. FA/1334/2013, being identical in nature and character of the instant Appeal was given an analogous hearing.

         The facts of the case leading to the present controversy, in short, were that the Appellant/OP, being the developer, constructed the flats as per development Agreement executed between him and the Respondents/Complainants, had handed over the flats to the Respondents/Complainants as per terms of the Agreement and executed the Deed of conveyance in favour of the Respondents/Complainants accordingly. All the other terms and conditions were duly fulfilled by the Appellant/OP excepting the delivery of the completion certificate of the subject flats. The Respondents/Complainants pursued time and again so that the desired completion certificates were duly issued by the Appellant/OP but their efforts went in vain.

       The Respondents/Complainants, thereafter, being aggrieved with the indifference on the part of the Appellant/OP towards the delivery of the completion certificates and also with some other deficiencies, filed the Complaint Case before the Ld. District Forum. The impugned judgment and order which is under challenge in the instant Appeal, originates from the said Complaint Case.

           Heard both sides at length.

          The Ld. Advocate appearing on behalf of the Appellant/OP submitted that the completion certificate could not be issued in view of the decision, of late, of the Kolkata Municipal Corporation for not issuing the completion certificates in respect of the constructions made on the subject mousa.

         The Ld. District Forum, as he continued, passed impugned judgment and order without appreciating the fact that the Appellant/OP was handicapped in view of the existing embargo imposed upon issuance of completion certificate by the KMC.

        The Ld. Advocate appearing on behalf of the Respondents/Complainants, per contra, submitted that they did not have any knowledge about the existing embargo in issuing the completion certificates in respect of the subject mouza. As contended, the Ld. District Forum had taken into consideration all aspects of the instant issue while passing the impugned judgment and order which was needed to be affirmed.

         Perused the papers on record. The record appeared to be devoid of any document confirming the embargo on issuing the completion certificates as claimed by the Appellant/OP. It is difficult to be convinced without the document of evidentiary value that issuing of the completion certificate of a construction, made based on a sanctioned plan, should be kept under embargo by the same plan sanctioning authority. The impugned judgment and order also did not indicate any embargo as pointed out hereinabove. The instant issue also had not acquired any additional merit which may lead us to differ from the observation made by the Ld. District Forum in the impugned order.

     Above being the circumstances, we are of the considered view that the impugned judgment and order does not deserve any intervention from this Commission.

        Hence,

                                        Ordered

        That the Appeal be and the same stands dismissed. The impugned judgment and order stands affirmed. No order as to costs. The Appeal bearing No.FA/1334/2013 being against the order passed by the same District Forum in an issue identical in nature and character, instant order shall apply mutatis mutandis to the said Appeal and shall be similarly governed by the instant order. The FA/1334/2013 also stands dismissed accordingly.