Order No. 05

Today is fixed for hearing of the MA/157/2022.

The W/V filed by the OPs states that OP 3 has already passed away for which the Ld. Advocate of the complainant is directed to take necessary steps for bringing legal heirs of the OP 3 into this record. He will take steps on 22.12.2022.

Heard the Ld. Advocate on both sides for and against the MA being No. 157/2022. The Ld. Advocate of the OP has wanted to say that the case is barred by limitation as because transaction in between the parties took place in 2015 and the case was filed on 13.05.2022. But admittedly payment of Rs. 32,00,000/- was received by the developers in 2014/2015 with an assurance that the booked flat would be handed over to the complainant.

Although a minimal part of the consideration money still remains unpaid, the developers has not transferred the flat to the complainant so far asking for the payment of balance amount. The cause of action is such a case is peculiar and continuous one and it will remain open to the complainant till execution and registration of sale deed coupled with delivery of possession are made. Therefore the claim of the Ld. Advocate that the case should be dismissed as stale one cannot be upheld and hence rejected. The MA being No. 157/2022 is thus disposed of.

22.12.2022 is fixed for taking steps by the complainant in view of the death of OP 3.

Let a plain copy be given to the parties free of cost as per CPR.

Dictated and corrected by

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT