DIST. CONSUMER DISPUTES REDRESSAL COMMISSION

NORTH 24 Pgs., BARASAT.

M.A. 294/2019

Arising Out in C. C.  CASE NO.  210/2019

  Date of Filing:                                                                                  Date of Disposal

   06.11.2019                                                                                            30.11.2021                        

P R E S E N T           :-  Smt. Sukla Sengupta……….President

                                    :-   Smt. Monisha Shaw……….Member

                                    :-   Sri Susmit Hrishikesh Bhattacharya……..Member

Order No. 08

Both sides are present. Today is fixed fo hearing of M.A. being No. 294/2019. Perused the petition filed by the O.P. on the ground of non-maintainability of the petition of Complaint.

From the content of the petition dated 06/11/2019 it appears that the petitioner / O.P. stated that the agreement for sale in respect of the flat in question situation at 1/11, Dr. R. N. Tagore Road, Kolkata – 700056. The agreement for sale was executed on 03/02/1991 and the date expired on 31/07/1991. So the Complainant filed the petition of complaint on the basis of the agreement for sale is not maintainable and it will hit the Section 24A of the Consumer Protection Act, 1986 because the cause of action arise prior to 3 years that is the limitation period from the date of filing of this case.

No W/O has been filed by the Complainant but Ld. Advocate for the Complainant took part in the hearing of the M.A. being no. 294/2019 and submitted that on so many occasions even prior to filed the case he and his clients requested the O.P. for registration of the flat in question so

Contd. To Page No. 2. . . . ./-

: :  2  : :

M.A. 294/2019

Arising Out in C. C.  CASE NO.  210/2019

there is / was continuation of the cause of action which cannot violate the provision of Section 24A of the Consumer Protection Act, 1986. Practically which has been admitted by the Ld. Advocate for the O.P. During the course of hearing and he fairly submitted before this Commission that if the Complainants are ready to make the registration of the flat in question at their own cost. The O.P. has no objection.

Considering all this aspects this Commission is of view that there was sufficient cause of action and continuous cause of action to file this case on 28/06/2019 and in no way it has violated the provision of Section 24A of the Consumer Protection Act, 1986 which means the case is well maintainable in the eye of law and thus the allegations made by the O.P. member in M.A. being no. 294/2019 has no basis at all and thus the same is liable to be rejected.

Hence,

                        Ordered,

That the M.A. being no. 294/2019 is thus rejected on contest without any cost and the same is disposed of.

Fixing by 04/03/2022 for taking step by the parties.

Dictated and corrected by me,        

President

            Member                                                      Member                                            President