Date of filing :28.6.2018

Judgment : Dt.27.12.2018

Mrs. Sashi Kala Basu, President

            This petition of complaint is filed under section 12 of C.P.Act, 1986 by Sandeep Kumar Puria alleging deficiency in service on the part of the opposite party namely M/S Golden Point Landcon Pvt. Ltd.

            Complainant’s case in brief is that the Complainant booked a flat as stated in the schedule of the complaint petition and, accordingly, an agreement for sale was executed by and between the parties on 11.3.2017. Prior to that booking was made by a booking slip on 4.7.2016. It was agreed that the flat will be handed over within 36 months from the date of booking. So, according to the calculation Complainant should get the flat in June, 2019. But when the Complainant went to inspect the site he saw vacant land and the construction of the building was not started. On enquiry from the developer i.e. OP he was told that the OP was unable to complete the project. The Complainant sent a letter to the developer and also had filed complaint in the Police Station, but all in vain. So, the present complaint has been filed praying for directing the OP to finish the construction of the unfinished flat and give peaceful possession of the same and to execute and register the deed of conveyance on receiving the full consideration money from the Complainant and also has prayed to pay compensation of Rs.5,00,000/-.

            On perusal of the record, it appears that no step has been taken by the OP in spite of service of the notice by way of paper publication. So, vide order dt.10.10.2018 the case was fixed for ex-parte hearing.

            Complainant has annexed with the complaint petition, agreement for sale dt.11.3.2017 and the booking slip showing payment of Rs.2,90,000/- by way of cheque and also has filed copy of the letter sent by the Complainant to the OP.

            The only point requires determination is whether the Complainant is entitled to the relief as prayed for.

            Decision with reasons

            On perusal of the agreement for sale filed by the Complainant, it appears that the agreement was entered into between the parties for sale of a flat being unit No.3D on the 3^rd floor of the building No.1 measuring 723 sq.ft. of super built up area on payment of total consideration of Rs.13,00,000/-. Out of total consideration price, according to Complainant he has paid Rs.3,90,000/- and he has also paid an installment of Rs.20,000/-.

            On perusal of the document specially the booking slip, it appears that booking amount has been paid of Rs.2,90,000/- and not Rs.3,90,000/- as stated in the petition of complaint. The statement of account filed by the Complainant, however, shows further payment of Rs.20,000/-. Be that as it may, this is admitted case of the Complainant that it was agreed by and between the parties that the flat would be completed and would be handed over within 36 months from the date of booking and according to the calculation, the Complainant should get the flat in June, 2019. Same is also evident from the 5^th schedule of agreement, wherein the schedule of payment has been stated. If that be so, then it is apparent that the cause of action would have arisen on completion of the said 36 months. But the Complainant has filed this complaint petition on 28.6.2018, one year before the completion of the period as agreed in the agreement. So, the present complaint being premature, the relief sought for cannot be allowed. On this score, the complaint case is liable to be dismissed.

            Hence,

                ordered

            CC/387/2018 is dismissed ex-parte.