Date of Filing:-15/06/2018

Order No. 4                                                                                                Dated :  28/06/2018

FINAL ORDER/JUDGEMENT

Sri Sibasis Sarkar, Ld. President.

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

            In the instant case, the complainant has made allegations against the opposite parties/Promoters regarding deficiency in service on their part. From the documents annexed, we find that the complainant has purchases one Ready Built up Flat form the opposite parties on 01.08.2012 by a registered Deed of Sale. It has been clearly decided by the Hon’ble National Commission in Revision Petition No. 2322 of 2017 (Date of order 24.11.2017) (Ratan Roy Vs. Bulbul Sarkar and others) that if a person enter into an agreement to purchase a Ready Built up Flat, such a transaction would not be covered under the Consumer Protection Act, since the purchaser can not be said to be a Consumer within the meaning of section 2(1)(d) of Consumer Protection Act. There is no question of hiring or availing any services of the Seller in a transaction for sale of Ready Built up Flat. Therefore, in view of the Judgement passed by the Hon’ble National Commission, we are inclined to hold that the present case is not maintainable and accordingly can not be admitted.

       Besides, that the complainant purchased the said Ready Built up Flat on 01.08.2012 knowing fully well that there are some defects in respect of construction and other facilities of the project. So, the cause of action if any took place on 01.08.2012. As per provision of section 24A of the Consumer Protection Act, the complainant was required to file the case before the Forum within two years from the said date of cause of action that is within 01.08.2014. So, the present case is also barred by the Law of limitation. The condonation petition showing delay of only 7 months can not be considered and accordingly the petition is rejected.

      Thus, we find that the present case is not maintainable and is also barred by the Law of limitation. As such the present case can not be admitted and is liable to be dismissed.

Hence it is,                               O R D E R E D :-

That the Consumer Case no.27/2018 be and the same is dismissed without cost. The case is thus disposed off.

Let a plain copy of this order be supplied to the complainant free of cost or be sent by speed post. Let the original documents if any and the extra sets be also handed over to the complainant on proper identification.