Date of filing :7.8.2018

Judgment : Dt.18.1.2018

Mrs. Sashi Kala Basu, Hon’ble President

            This petition of complaint is filed under section 12 of C.P.Act, 1986 by Mr. Souvik Roy alleging deficiency in service on the part of the opposite party (referred as OP hereinafter) namely Petals Developer Pvt. Ltd.

            Case of the Complainant, in brief, is that by virtue of an agreement for sale dt.16.10.2015 executed between the Complainant and the OP, Complainant agreed to purchase a plot of land measuring about 4 cottahs 15 chittaks and 17 sq.ft. being plot No.M 115 lying and situated at Mouza – Noabad and Khanabaria, Dag No.160, J.L.No.35 & 32, P.S.-Maheshtala, Dist.- South 24 Parganas at a consideration price of Rs.8,42,992/-. Complainant has paid a sum of Rs.2,00,000/- by way of earnest money and undertook to pay the balance amount of Rs.6,42,292/- in 48 EMIs amounting to Rs.13,400/- each. The Complainant has already paid 22 EMIs amounting to Rs.2,94,800/- and thus paid total of Rs.4,94,800/- out of the consideration price of Rs.8,42,992/-. But since 22.9.2017 the OP has stopped sending his representative for collection of EMI from the Complainant. Complainant sent two letters. But, no reply was sent by the OP. OP also failed and neglected to develop the said project. Even though tenure for completion of the said project was four years from the date of execution for agreement for sale.

            Complainant is ready to pay the balance of the consideration of Rs.3,47,492/- and thus he sent legal notice through his Ld. Advocate on 12.6.2018 to the OP but all in vain. Thus the present complaint has been filed by the Complainant for directing the OP to execute and register the deed of conveyance in respect of the plot of land, to pay Rs.2,00,000/- as compensation and litigation cost of Rs.50,000/-.

            The Complainant has annexed the copy of agreement, money receipts, letter sent to the OP dt.11.11.2016 and 11.4.2017 and the legal notice dt.12.6.2018.

            On perusal of the record, it appears that in spite of service of the notice OP did not take any step and thus the case vide order dt.26.11.2018 the case proceeded ex-parte.

            So, point requires determination : Whether the Complainant is entitled to the relief as prayed for?

            Decision with reasons

            Complainant has filed the agreement for sale, wherefrom it appears that the agreement was entered into between the Complainant and the OP to purchase the schedule land mentioned in the agreement at a consideration price of Rs.8,42,992/-. It further appears that on the date of agreement the Complainant paid Rs.2,00,000/- by cash as earnest money. As per terms of the agreement possession of the land was to be delivered within four years of the agreement after its development. The money receipts which have been filed in this case show that total amount of Rs.4,81,400/- has been paid by the Complainant and not Rs.4,94,800/- as claimed by the Complainant in the complaint petition. Be that as it may, since as per the terms and conditions of the agreement, the possession was to be handed over within four years from the date of execution of agreement for sale and if the agreement was executed on 16.10.2015, said four years will expire in October, 2019. But, the Complainant has filed this complaint prematurely on 7.8.2018. The cause of action will arise only after completion of 4 years. So, the case being premature, complaint is not maintainable and thus liable to be dismissed.

            Hence,

                               ordered

            CC/501/2018 is dismissed ex-parte.