To-day is fixed for admission hearing.

Ld advocate for the complainant files hazira.

Heard the Ld lawyer. Perused the complaint and the documents thereto.

The case of the complainant is, in brief, that he entered into an agreement on 04.06.2012 with OP No.1 for purchase of a flat at a price of Rs.900,000/-, the entire of which was paid in advance in 05 phases direct to the OP No.1 and lastly on request of OP No.1 in 02 phases to J.C.B. service provider and cement seller.  The flat was agreed to be handed over by 18 months from the date of execution of the agreement.  The complainant, however, did not/could not enclose any receipt from the OP acknowledging the said advance payments  except that which was made on 13.08.2013 of Rs.200,000/-.

In Para 15 at P/6 of the complaint, the complainant stated that the cause of action arose first on 04.06.2012 the date of execution of agreement and lastly in the month of April 2017 when he refused to pay any extra amount to the OP No.1. Even the date of such refusal is, in spite of its being unwritten, treated to be the cause of action, the complainant stands barred by limitation as prescribed in section 24A of the C.P. Act 1986.  The complainant did not/could not furnish also copy of letter, if sent, urging the OP No.1 to hand over the flat on the failure of OP No.1 to do so by the stipulated date, i.e., 04.12.2013 or any lawyer’s notice thereafter, if served upon the OP No.1, in order to substantiate the continuation of the cause of action as claimed.

Hence the case is not admitted.