West Bengal

Siliguri

CC/8/2020

SOURISH GHOSAL - Complainant(s)

Versus

D.P.N. BUILDERS - Opp.Party(s)

KAUSHIK CHATTERJEE

05 Mar 2020

ORDER

This day is fixed for admission hearing.

                             Ld. Advocate for the complainant files hazira.

Heard the ld. Advocate. Perused the complainant and the documents thereto.

 Ld. Advocate for the complainant cited emphatically the order No. 10 dtd. 11.02.2020 (Annex.-10) passed by the Hon’ble State Commission in disposing of the Consumer Complaint No. 10 of 2019 towards admission of the instant C.C. (No. 08/20) filed in this Forum.  The case filed before the Hon’ble State Commission was dismissed against the complainant allowing the maintainability petition of the OP filed under section 17 of the C.P. Act 1986. The Hon’ble State Commission felt no need also to entertain the complaint’s petition for condonation of delay obviously on the ground that the said complaint was not found to be triable in the State Commission for want of pecuniary jurisdiction.

Naturally, the Hon’ble State Commission did not pass any mandatory direction on this Forum to admit the instant Consumer Complaint on the reason of its matter, Opposite Parties being the same as in the C.C. No. 10 of 2019 (filed before the State Commission). Nor did the Hon’ble State Commission like to transfer the case to the Siliguri District Forum without disposing the same. Rather, the Hon’ble State Commission allowed the complainant a liberty to register a Consumer Complaint before the proper Forum and the complainant in exercise that liberty filed the instant Consumer  Complaint in this Forum which is numbered 08/20.  Therefore, the complainant is supposed to know that the Consumer Complaint No. 10 of 2019 (filed before & disposed of by, the Hon’ble State Commission) and the Consumer Complaint No. 08 of 20 (filed before this Forum) are two different cases on record.

A perusal of the complaint reveals that the date of the agreement for sale is 18.02.2014 while that for the conveyance Deed is 19.11.2014.  The complainants state that within 02 (two) years from the date of purchase/transfer, they observed some major defects. Thus, the date of cause of action can be, by latest, taken to have arisen on 19.11.2016.  The complainant filed the case being C.C. No. 10 of 2019 on 08.04.2019 and a petition dtd. 19.06.2019 for condonation of delay before the Hon’ble State Commission.  Hence the complainant is fully in the know that a delay has already occurred as on 08.04.2019 and the filing of the case on the same matter involving same Opposite Party on 24.02.2020 is, of course, a further delay before this Forum.  Therefore, filing of the complaint in this Forum is, of course, time barred under section 24A of the Act.

In the result, the Consumer Case is NOT admitted.