Order No. 1                                            Date :  10.09.2015.

Read  the petition lodged under Section 12 of the  C.P. Act, 1986.

Register the case as CC/322/2015. Complainant filed a complaint with a bank draft of Rs. 500/-  bearing no. 875994  dated  07.09.2015 of Canara Bank,  Howrah.

Fix  10.09.2015  for admission hearing.

Member.               Member.                              President.      

Later.

Order No. 1                                            Date : 10.09.2015.

          This date is fixed for admission hearing of the case. Heard the ld. counsel for the petitioner.

          This is an application U/S 12 of the C.P. Act, 1986 filed by the petitioner, Dr. Karnadhan Saha, praying for a direction on the o.ps. to execute the deed of conveyance in respect of the garage space and also direct the o.ps. to finish the unfinished job and to pay compensation of Rs. 18 lakhs and litigation costs.

          The case of the petitioner is that he entered into an agreement with the o.ps. for purchase of a flat at Annapurna Apartment measuring 720 sq. ft. with bed room, dining, kitchen and toilet etc. at a consideration of Rs. 13 lakhs along with a single garage. He paid the consideration amounting to Rs. 10,40,000/- and deed of conveyance was executed and registered in his favour on 01.02.2012 and the flat was handed over. The o.ps. did not execute and register the garage and so the petitioner filed this case.  The petitioner submitted that he filed this case after 586 days after the expiry of the period of limitation and prayed before this Forum to condone the same.  This Forum considering all aspects of the matter and find that in the instant case all other points for enquiry being  O.K. but there is delay of 586 days as the execution and registration was completed  in February, 2012 and thus the case should have been filed within two years i.e., within February, 2014 But now it is September, 2015 and it is categorically mentioned U/S 24A of the C.P.  Act, 1986  that the District Forum shall not admit a complaint unless it is filed within two years from the date of which the cause of action arose. This inordinate delay cannot be condoned by this Forum has no other alternative but to reject the petition as not maintainable as barred by limitation.

          In view of above the case is rejected being not maintainable as this Forum has no condoned the delay to try such case.

          In the result, the application CC Case 322 of 2015 fails as not maintainable as barred by limitation.

          Supply the copy of this order to the parties, free of costs.