Hon'ble Mr. Ajeya Matilal, Presiding Member

Today is fixed for hearing of appeal.

None of the parties are present.

The appellant was absent on 19.10.2022 which would be revealed from order No. 5

Today also the appellant is absent.

Being aggrieved by and dissatisfied with order No. 4 dated 18.11.2019 dismissing the CC 561/2019 passed by SCDRF, Kolkata Unit- III(South), West Bengal, the appellant/complainant preferred this appeal.

Perused the impugned order. It is observed in the impugned order:

“Complainant has claimed that even though OPs have executed the deed of conveyance in respect of the flat as per agreement, but the possession of the flat has not been delivered, so, for directing the OPs to deliver the possession.

Complainant has not filed the deed of conveyance which is the very basis of filing of the present complaint. Apart from this, it is apparent from the complaint that the deed of conveyance was executed in favour of the Complainant on 27.07.2017 and the present complaint has been filed on 05.11.2019. So, as the very basis of the complaint i.e. the copy of the deed has not been filed, and the complaint also suggests that it is filed after the expiry of statutory period of limitation of 2 years, complaint is not maintainable. Thus, CC/561/2019 is dismissed being not admitted”.

It appears the complainant claimed that though the OPs executed a deed of conveyance in respect of a flat as per agreement, but the possession of the flat has not been delivered. So, the complainant prayed for directed upon OPs to deliver the possession of the flat.

The Learned Forum below observed that the complainant did not file the deed of conveyance, which was the basis for filing the complaint case.

It is also observed that the deed of conveyance was executed in favour of the complainant on 27.07.2017, but the complaint has been filed on 05.11.2019.

So, the forum observed that the complainant filed this case after the statutory period of limitation of two years. Furthermore, deed of conveyance being the basis of the complaint case has not been filed.

So, according to the forum below the complaint case was not maintainable.

In our view, there is no illegality in the impugned order.

Accordingly, the A/59/2021 is dismissed.

The impugned order is upheld.

There shall be no order as to the costs.

Let a copy of this order be sent to the SCDRF, Kolkata Unit- III(South)