1. Today is fixed for admission hearing .

2. After hearing the Ld. Advocate appearing for the complainant and perusing the material prays before this Commission we find that the complainant has filed this case seeking allotment of an independent of four wheeler car parking space of 135 Sq.ft. in a housing complex standing at Mouza – Kaikhali, Plot No. 596 under Ward No. 10 of Rajarhat Gopalpur Municipality on the ground as stated in the complaint.

3. It is in the sale deed dated 05.11.2019 (vide second schedule of the deed) that car parking space measuring 100 Sq.ft were delivered to the complainant along with a three bed room flat under the said deed.

4. In Para KK of the sale deed dated 05.11.2019 it is categorically noted that a third floor flat ad-measuring 1376 Sq.ft. and covered car parking space measuring 100 Sq.ft. were, as per agreement of sale dated 16.12.2014, transferred to the complainant. Obviously he has taken possession of the flat in 2019.

5. It is now obvious that price of the flat measuring 1376 Sq.ft. and car parking space measuring 100 Sq.ft. was paid by the complainant. The subsequent statement that 135 Sq.ft. was agreed to be transferred as car parking space is hit by the principle of estoppels. The agreement and the sale deed which came into being in between the parties in 2019 or before relate to 100 Sq.ft. only as the car parking space to which the complainant was entitled.

6. The claim of the complainant that the said parking space is insufficient for accommodating a small size car even is not terrible in Law.

7. The mere fact that the parties to the deed subsequently made some correspondence regarding the said car parking space does not ruin or debilitate the force of the sale deed of 2019.

8. The complainant has no right to say anything in consistent with the said deed.

9. Therefore the case as framed by the complainant is not at all maintainable.

          Hence, it is ordered the case be and the same is dismissed as being not admitted.

           Let plain copy be given to the parties free of cost as per C.P.R.

           Dictated and corrected by 

             [HON'BLE MR. Lakshmi Kanta Das]
              PRESIDENT