Order No.2                          Date: 27.07.2022        

Ld. Advocate for the complainant is present.

Today fixed for admission hearing of the case.

Ld. Advocate for the complainant submits that an agreement has been entered by and between the complainant and opposite party no.1 on 07.01.2020, wherein opposite party no.1 agreed to construct a flat having total area of 490.3 sq. ft. consisting of 2 bed rooms, 1 living cum dining space with kitchen, 1 toilet, 1 w.c. on the 1^st floor of the housing complex ‘EVANIE ECONIST’ as per schedule ‘D’ of the agreement dated 07.01.2020.  Though the complainant has paid the entire consideration amount to opposite party no.1, but till date opposite party no.1 has not provided him the possession of the flat in question.  The complainant finding no other alternative filed this case for relief. The Photocopy of agreement for sale between the parties dated 07.01.2020 is annexed herewith with the complaint Page No.9 Point No.6.1 of the agreement reveals that opposite party no.1 supposed to handover the possession of flat in question to the complainant within 40 (Forty) months from the effective date (being the date of the signing of this present) or from the date of obtaining Sanctioned Building Plans from the concerned authorities, whichever is later.  Provided that the developer/vendor shall be entitled to reasonable extension of time period for giving of the flat/apartment on the aforesaid date, if the completion of the flat/apartment is delayed on account of:-

1. Force Majeure Events,
2. Any delay in payments stipulated in this Agreement by the Purchaser,
3. Any delay in obtaining any approval, sanction of the authorities concerned,
4. Any delay due to any order, notification of authorities concerned,
5. Any delay in obtaining electricity and /or water connections,
6. Any default by the Purchaser of the terms and conditions of this Agreement.

It is apparent from the face of the record that instant complaint case is premature.As such it cannot be admitted.

In the light of observation made above, the instant complaint case is dismissed without cost.