West Bengal

Jalpaiguri

CC/5/2018

Suresh Bindal - Complainant(s)

Versus

Smt. Arati Sarkar - Opp.Party(s)

Dipesh Nab

05 Feb 2018

ORDER

District Consumer Disputes Redressal Forum,
JALPAIGURI
 
Complaint Case No. CC/5/2018
 
1. Suresh Bindal
S/O Late Gajanand Bindal, residing at Green View Apartment, Near Ulka Football Ground, Jyotinagar, Ward No. 41 of Siliguri Municipal Corporation, P.O.- Sevoke Road, P.S.- Bhaktinagar, Dist.- Jalapiguri, Pin.- 734001.
...........Complainant(s)
Versus
1. Smt. Arati Sarkar
Wife of Sri Pijush Kanti Sarkar, residing at 10-B, College para, Jalpaiguri, P.O.-Jalpaiguri, P.S.- Kotwali, Dist.- Jalpaiguri, Pin.-735101.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sibasis Sarkar PRESIDENT
 HON'BLE MS. Bina Choudhuri MEMBER
 
For the Complainant:Dipesh Nab , Advocate
For the Opp. Party:
Dated : 05 Feb 2018
Final Order / Judgement

          The complainant is present by filing hajira through the Ld.Advocate.

          The case is taken up for hearing admission. Perused the petition of complaint and other materials on record. Heard both sides.

          According to the complainant he purchased one flat as described in the petition of complaint from the O.P. on 16/08/2013. The case of the complainant is that  he alongwith the other flat owners are facing much difficulties due to various defects and deficiencies in the construction of the flats. The O.P. is not caring  to repair those defects and deficiencies of construction which has compelled the complainant to file the present case.

            On perusal of the petition of complaint, we find that the cause of action arose in the year 2013 after the complainant purchased the flat. He was required to file the present case within 2 years from the date of cause of action . No petition has been filed for condonation of delay. Therefore we hold that the present case is barred by the law of limitation and accordingly the present case is not maintainable. Besides that the alleged defects and deficiency in service are in respect of all the flat owners. But the present case has not been filed in representative character. As such the present case is not maintainable in its present form and prayer.

 

            Hence, it is

                                             O R D E R E D :-

                That the Consumer Case no.05/2018 be and the same is dismissed. The case is thus disposed off. The original documents if any be returned to the complainant on proper verification and receipt. Let the extra sets be also returned to the complainant.

 

 
 
[HON'BLE MR. Sibasis Sarkar]
PRESIDENT
 
[HON'BLE MS. Bina Choudhuri]
MEMBER

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