This is a complaint made by Salma Begum and Jarar Mahmood against Mr. Asit Pramanik, Director, M/s D. K. Lnd Development & Construction Pvt. Ltd., 617A, Diamond Harbour Road, Kadamtala Bazar, P.S. – Thakurpukur, Kolkata-700 063, praying for an order for refund of Rs.7,58,800/- paid by the Complainant to the OP and compensation to the tune of Rs.1,00,000/- and litigation cost of Rs.1,00,000/-.

            Facts in brief are that on 20.6.2012 OP approached the Complainant for purchasing a flat to be developed by OP. After being satisfied Complainant paid Rs.1,50,000/- in cash. Thereafter, on several occasions i.e. on 16.12.2012 Complainant again paid Rs.1,50,000/-, on 20.8.2014 Rs.1,20,000/- and on 9.11.2014 Rs.1,42,000/-. So, Complainant claims that he paid Rs.7,58,000/- in total out of Rs.18,75,000/-

            On 24.11.2015 when Complainant visited the schedule mentioned property, they found that it is a vacant land. After realization this they asked for refund of the amount paid by them but did not get it. So, they filed this case.

            OP filed written version against this complaint, wherein OP has alleged that the complaint has been filed at a premature stage. In paragraph 3 OP has stated that as per contract time for construction was up to 21.6.2016. But, this complaint was filed before six months i.e. on 21.1.2016. Complainant paid Rs.5,62,000/- and thereafter Rs.12,96,000/-. However, Complainant stopped making payment after that and filed this case.

Decision with reasons

            Complainant filed affidavit-in-chief wherein they have stated the facts mentioned in the complaint petition.

            Main point for determination is whether Complainants are entitled to the reliefs as prayed for.

            On perusal of the Xerox copy of memorandum of agreement, it appears that this agreement was entered into between parties on 21.12.2014 and it was to be completed with 18 months. But, Complainant filed the case just after a lapse of one year.

            The case of complainant is that with a booking form as Annexure-A was filed on 20.6.2012 and after about two years the memorandum of agreement was signed between parties.

            The main allegation of the OP is that at the time of filing of this complaint they did not have cause of action and so this Forum cannot award any relief in favour of the Complainant.

            Though both the parties have filed their affidavits and questionnaires, but, on the point of course of action it appears that on the date of filing it was not maintainable and so despite the fact that the time given in the agreement has expired, we are of the view that no relief can be granted on this complaint. Accordingly, the Complainant cannot get any relief and they may take recourse after the lapse of the time agreed between the parties.

            Hence,

 Ordered

            CC/28/2016 and the same is dismissed on contest.