No. 4/03.02.2009.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Appellant is present in person and Respondent through Ld. Advocate Mr. Arindam Sen.  This appeal was filed challenging the order dated 11.09.2008 passed by D.C.D.R.F., South 24 Pgs. in CC No. 94 of 2008 whereby the complaint case was dismissed by the Forum below.  Facts as stated in the complaint are that the Complainant purchased flat under question from the sole Respondent on payment of full consideration as agreed upon.  Before such purchase an agreement for purchase entered into by and between the parties on 05.05.2001.  The Respondent acknowledged the said payment and delivered vacant and Khas possession of the flat to the Appellant on 15.06.2001 with assurance of payment of certain dues as also handing over of "no objection certificate" from Kolkata Municipal Corporation.  The conveyance in respect of the flat was registered on 06.09.2007.  Present complaint was filed asking for relief in respect of said dues and ’no objection certificate’ on the basis of the agreement for sale dated 15.06.2001.  Contention of the Appellant is that even after the registration of the flat neither the said dues nor the said certificate were made available to the Appellant by the Respondent and in that view of the matter the complaint was filed for appropriate relief.

Upon hearing the parties we find the contention of the Appellant is that the obligation under the agreement are having been completed and, therefore, the Appellant is entitled to the relief sought for in the complaint as also in the appeal.  On behalf of the Respondent it is contended after the registration of the Deed of Conveyance is made and possession is handed over, the agreement for sale cannot be relied any further for making an issue before the Forum.  In support of his argument the Ld. Advocate for the Respondent relied on the possession certificate allegedly issued by the Appellant.

Considering the materials on record as also submission made on behalf of the parties we find that the alleged possession certificate has not been signed by the Appellant and, therefore, that document has no value in the eye of law.  But in the facts of the case even it is apparent that handing over the flat, possession and registration of Deed of Conveyance have been all admitted by the Complainant himself.  In the circumstances no proceeding can be initiated on the basis of the agreement unless it is shown that some development have been detected by the Complainant on deliver of possession whereupon a proceeding can be maintainable.  In the present case admittedly possession was given long back in the year 2001 and the registration also made in the year 2007.  In such circumstances when there is no detection of any defect on handing over of the possession and sale has been completed by registration of the Deed, we are of the opinion that the claims as made in the complaint cannot be made and, therefore, we do no find any ground for interference with impugned judgement.  The appeal is, therefore, dismissed on contest without cost.