CC.No.339/2021

Dated:10.08.2021

ORDERS ON MAINTAINABILITY

Complainant filed this complaint under Section 35 of the Consumer Protection Act 2019 seeking direction to OP to convey site measuring 30X40 and also award compensation of Rs.50,00,000/- for the delay in allotting the sites and other reliefs as the commission deems fit.

The brief facts are that; the complainant became a member of OP M/s. Krishna Builders by making application which was earlier being called Ashraya Developers (Registered). Inspite of agreeing to form the, layout and sites, and allot the same, measuring 30X40, OP did not  allot the same whereas the layout to be formed was acquired by BDA. He  issued a notice on 02.07.2016 calling upon the OP to allot the site and put him in possession and he also filed writ petition against BDA. Hence the complaint. On perusing the complaint and the documents filed, he has became a member during 1994.  No documents to show that he had paid the amount has been produced. Further he issued a legal notice on 02.07.2016 and from that day onwards, he did not take any action against OP. In view of this, the complaint filed is highly belated and no application to condone the delay is filed. No receipt produced to show that he has paid the sital value in order to hold him as a consumer as defined under the provision of Consumer Protection Act 2019. Hence this COMPLAINT IS NOT MAINTAINABLE AND THE SAME IS HEREBY DISMISSED.

                MEMBER                 PRESIDET

RAK*