Order No: 2 Date:20/03/2024
Today is fixed for admission hearing of this complaint case. Complainant side is found present and ready. Heard Ld. Advocate of the complainant side. Considered submission. In course of hearing, Ld. Advocate for the complainant has given emphasis on the development agreement and other documents.
After going through the materials of the case record, this District Commission finds that the development agreement is the main basis for filing this case. So, there is urgent necessity of making scrutiny of the said development agreement.
On close examination of the said development agreement it appears that the O.ps. had given undertaking of delivery of the said flat within 30(thirty) months from the date of “Bhumi Puja”. No document has been filed by the complainant to show that said Bhumi Puja has already been done.
In course of hearing at the question of the District Commission, Ld. Advocate of the complainant side admitted that the said “Bhumi Puja” has not yet been performed.
When the “Bhumi Puja” has not yet been performed, there is no question of starting the period of 30 (thirty) months and this matter is clearly indicating that the complainant’s case is premature.
When the complaint case has been filed at the premature stage, there is no scope of admission of this complaint case. So, this complaint case is dismissed and it is not admitted. No order is passed as to cost.
Dictated & corrected by me.
President