West Bengal

Murshidabad

CC/48/2024

Keshab Chandra Paul - Complainant(s)

Versus

Mesbahul Islam - Opp.Party(s)

A N Roy

06 Aug 2024

ORDER

District Consumer Disputes Redressal Commission
Berhampore, Murshidabad.
 
Complaint Case No. CC/48/2024
( Date of Filing : 26 Jun 2024 )
 
1. Keshab Chandra Paul
S/o Late Kishori Mohon Paul, Naginabag, Vill. , P.O. and Dist. Murshidabad 742149.
...........Complainant(s)
Versus
1. Mesbahul Islam
S/o Md Sademan Ali, Vill. Sahajadapur, P.O. Umaranpur, P.S. Suti, Dist. Murshidabad 742201.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. AJAY KUMAR DAS PRESIDENT
 HON'BLE MR. NITYANANDA ROY MEMBER
 
PRESENT:
 
Dated : 06 Aug 2024
Final Order / Judgement

                                                                                        Case No. CC/48/2024

03

06.08.24

 

 

         Complainant Keshab Ch. Pal filed this complaint U/s 35 of the Consumer Protection Act, 2019 against the OP Mesbahul Islam with the prayer for directing to pay Rs. 21,50,000/-  (flat value) from the date of failing the agreement, with an interest @ 8% per annum till the disposal of this complaint or to hand over the flat to the Complainant within 7 days from the disposal of this case. He also prayed for Rs. 7,25,000/- for harassment and mental agony with this Complainant.

      Complainant filed an application U/s 69 (2) of Consumer Protection Act, 2019 praying for con-donation of delay in filing the instant complaint case.

       Heard Ld. Advocate for the Complainant.It is coming out from the complaint as well as the agreement for sale dated 13.08.15, the OP was required to hand over the flat in question to the Complainant by 31st March,2016. So the cause of action arose on and from 31.03.16. But the instant complaint was filed on 26.06.24.

     Ld. Advocate for the Complainant submitted that the OP was in the habit of taking time for handing over possession of the flat to the Complainant. But the Ld. Advocate has failed to produce any written paper/agreement to vary or modify the original terms and conditions of the agreement dated 31.08.15. Here we find that there is delay for about 8 years. Such being the position, long delay of 8 years cannot be condone. The instant case is liable to be rejected on the ground of limitation.

    

         Hence, it is

           

                                                            Ordered

 

that the Complaint Case No. CC/48/2024 be and the same is not admitted on the ground of limitation and as such the instant case is rejected.

 

Let plain copy of this order  be supplied free of cost, to the Complainant/Agent on record, by hand  /by post under proper acknowledgment  as per rules, for information and necessary action.

The Final Order will also be available in the following Website:

    confonet.nic.in

Dictated & corrected by me.

 

President

 

 Member                                             President         

 

 

 

 

 
 
[HON'BLE MR. AJAY KUMAR DAS]
PRESIDENT
 
 
[HON'BLE MR. NITYANANDA ROY]
MEMBER
 

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