DATE OF FILING : 02.07.2014.
DATE OF S/R : 06.08.2014.
DATE OF FINAL ORDER : 27.01.2016.
Sri Sibsankar Das,
son of Sri Subhas Chandra Das,
residing at village Kapasberia, P.o. Ganja Narayanapur, P.S. Tamluk,
District Purba Mednipur,
PIN 721648,
at present residing at 68, Subinoy Ghosh Sarani, Royal Jyoti Residency,
flat no. A1, 1st floor, Dharsa, P.S. Jagacha,
District Howrah. …………………………………………………… COMPLAINANT.
1. KSMAT Projects Pvt. Ltd.,
having its registered address at
15, Hospita Link Road,
Kolkata 700075.
2. Sri Somenath Ghosh,
son of late Biswanath Ghosh,
Managing Director
of KSMAT Projects Pvt. Ltd.,
residing at 4, Aurobinda Part, P.O. G.I.P. Colony, P.S. Jagacha,
District Howrah,
PIN 711112. ……………………………………………….OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak.
F I N A L O R D E R
- This is an application U/S 12 of the C.P. Act, 1986 filed by the petitioner, Sibsankar Das, against the o.ps., KSMAT Projects Pvt. Ltd. and another, praying for directing the o.ps. to remove all defects in the schedule mentioned flat no. A1 in the 1st floor of petitioner and to pay claim amount of Rs. 50,000/- as compensation and to pay Rs. 50,000/- as required for removal defects.
- The case of the petitioner is that he purchased one flat on 17.01.2012 as per agreement for sale dated 11,2,2011 from the o.p. no. 1 and the landlords are o.p. no. 2. By such purchase on 17.1.2012 the petitioner became the absolute owner and occupier of flat no. 1A in the 1st floor of Royal Jyoti Residency, P.S. Jagacha, at a consideration of Rs. 19,13,846/-. The petitioner paid tax bill of the corporation and got the mutation certificate and also got possession letter from the o.p. / developer at present i.e., 02.7.2014 when the case was filed the petitioner found some defects inside the flat in the ceiling of bed room wall, in the privy and wall in kitchen and in some portions ceiling plaster damaged and constant sources of water is apparent from the wall of privy and kitchen causing tremendous inconvenience to the petitioner to live in the said flat and such defects amounted to deficiency in service on the part of the o.ps. The petitioner lodged G.D. in the local Jagacha P.S. being G.D. no. 1665 dated 27.4.2014 informing the defects and he also sent a letter to the o.p. no. 2 requesting him for looking into the matter but no action taken and the market price of the instant flat has been reduced by Rs. 5 lakhs and the petitioner having no other alternative to file this case.
- The o.p. contested the case by filing a written version denying the allegations made against them and submitted that the case is barred by limitation and also the defects are not specifically clarified by the petitioner and the petitioner took possession of the case mentioned flat about three years back and it is very hard to believe that he accepted the flat without proper plastering coupled with fixture and fittings as in the agreement. The letter of the o.p. dated 12.6.2014 was created to fill up the lacuna of law of limitation and such allegation being uncalled for the case be dismissed.
- Upon pleadings of parties the following points arose for determination :
- Is the case maintainable in its present form ?
- Whether the petitioner has any cause of action to file the case ?
- Whether there is any deficiency in service on the part of the O.Ps.,?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- All the issues are taken up together for the sake of convenience and brevity for discussion and to skip of reiteration. In support of his case the petitioner, Sibsankar Das, filed affidavit in chief as well as documents being the agreement for sale dated 11.2.2011 by virtue of which the deed of conveyance dated 07.01.2012 was registered in his favour. It is mentioned in the said deed of conveyance that the consideration money was Rs. 19,13,886/-. In the instant case the petitioner prayed for compensation for a sum of Rs. 50,000/- and Rs. 50,000/- as claimed amount on account of defects in construction and thus the pecuniary jurisdiction exceeds in this case being the price of flat over Rs. 20 lakhs. While deciding the pecuniary jurisdiction this District Forum has to look into the price of the flat purchased and the amount claimed for mental agony and harassment etc. and thus in the instant case the pecuniary jurisdiction exceeds Rs. 20 lakhs.Further in the instant case the deed of conveyance was registered on 07.01.2012 and the petitioner filed this CC 373 of 2014 on 02.07.2014 i.e., after the expiry of two years. It is categorically stated in Section 24A of the C.P. Act, 1986 that the District Forum shall not admita complaint case unless the same is filed within two years from the date on which the cause of action arisen. In the instant case the cause of action arisen on the date when the deed of conveyance executed and registered in favour of the petitioner and he took possession and the same date is 07.01.2012. Thus on that count also this Forum has no jurisdiction to entertain the case as the case is barred by limitation. In certain cases like common amenities as children part, club, gymnasium the liability of the promoters remains and such cases the promoters are auction able. In the instant case the petitioner purchased this flat personally on payment of over 19 lakhs and the same being added with compensation etc. The pecuniary jurisdiction of this Forum exceeded and thus this Forum cannot entertain this case and also it has already been disposed that the case has been filed after lapse of 2 ½ years from the date of cause of action and so the case is barred by limitation. This Forum finds no reason to discuss the other issue like deficiency in service and dismissed the case as discussed earlier.
In the result, the application fails.
Court fee paid is correct.
Hence,
O R D E R E D
That the C. C. Case No. 373 of 2014 ( HDF 373 of 2014 ) be and the same is dismissed on contest without cost.
Supply the copies of the order to the parties, free of costs.
DICTATED & CORRECTED
BY ME.
( B. D. Nanda )
President, C.D.R.F., Howrah.
