Order No:  4                                                                                        Date:12/08/2024

Today is fixed for admission hearing. Complainant is found present and ready.

Heard Ld. Advocate for the complainant side. Considered submission.

In course of hearing Ld. Advocate for the complainant side has given emphasis on the documents which have been annexed alongwith the complaint petition. Seen and examine the said documents.

After going through the materials of the case record, it is found that the Agreement in between the complainant and O.ps. has been executed in the year 2021 but the sanctioned plan which has been filed by the complainant is of the year 2014. This matter is clearly reflecting that the sanctioned plan which has been sanctioned by Authority has not been executed by the promoter/developer within 5 years and so the building which has been constructed by the developer is illegal construction.

On this background if this District Commission makes scrutiny of the document it is to be revealed that the complainant has booked the flat in the 5^th floor but as per sanctioned plan the said building is of G+3. Thus, for argument sake if this District Commission passed any award in this case, that cannot be executed.

Moreover, the complainant has prayed declaratory reliefs in this complaint case in respect of which this District Commission has no jurisdiction. Such reliefs only be prayed before the Ld. Civil Court.

All these factors are clearly reflecting that the complainant has failed to establish prima facie case and so there is no scope to admit this complaint case.

As a result of which this complaint case is dismissed. No order is passed as to cost.

Dictated & corrected by me.

President