Order no. 2

       The complainant filed this case with the allegation against the o.ps. that he entered into an agreement with o.p. no.1 being the developer for providing a flat after constructing the building on the land owned by the complainant along with others. It has been stated by the complainant that the complainant was not provided with the car parking space measuring 127 sq.ft. In order to substantiate the said fact the complainant filed documents including the development agreement. On perusal of the development agreement we find that o.p. no.1 agreed to develop the land belonged to the complainant and others and the complainant was provided with the flat as stated by the complainant in the complaint petition. In the said development agreement we do not find that there is any whisper of providing any car parking space. It appears from the record that the complainant got the possession of the flat in the year 2014 and in the development agreement there is no mention of car parking space. It appears from the record that as per the terms of the development agreement the complainant was provided with the flat and after the lapse of statutory period of two years the complainant filed this case making allegation that the car parking space was not provided, though there is no mention in the development agreement that the car parking space would be provided to the complainant. In view of such facts and circumstances of the case since the complainant has failed to make out a prima facie case that there was deficiency in service on the part of o.p.s. Therefore we hold that the case filed by the complainant has got no merit and the same is to be rejected in limini.

            Hence, ordered,

            that the case is disposed of on rejection of the petition of complaint filed by the complainant.