Dt. of filing – 18/12/2017

Dt. of Judgement – 04/02/2019

Mrs. Sashi Kala Basu, Hon’ble President

          This consumer  complaint is  filed by the  complainant Shri Nayan Ghosh under Section 12 of the Consumer Protection Act against  Opposite Parties namely (1)  Shri S. pailan  and (2) Shri D. Naskar alleging deficiency in service on  their part.

 The case of the complaint in short is that he agreed to purchase  land measuring 1880  sq.ft. in the project called Malbourne Town being plot no. B – 42 and B – 43 @ of Rs.  1,50,000/- per  720 sq. ft. ( 1 cottaha ). Initially complainant had to deposit 20% of the amount as advance before going into agreement. So, by a cheque he paid advance of Rs. 75,000/- on 08.02.2015 to the Opposite Parties. Thereafter the agreement was entered into between the parties.  Complainant regularly visited the project site but the work was not in progress. Since January, 2017 onwards the complainant tried to meet the OP several times but he was not available. They also did not receive the phone call. The complainant sent several letters but all in vain. Ultimately, on 08.05.2017 complainant moved to the  Consumer  Grievance Redressal Cell but of no use  and thus  the instant complaint has been filed by the complainant for directing the  OPs  to return  Rs. 75,000/- paid by the complainant along with the interest @18% p.a., to pay  Rs.3,00,000/-  as compensation and Rs. 10,000/- as litigation cost.

          On perusal of the record it appears in spite of the service of notice, OPs did not take any step and thus vide order dated 19.09.2018 the case was fixed for exparte hearing. Complainant annexed with the complaint petition,  copy of brochure, copy of the cheque and the money receipt showing payment of Rs. 75,000/-, the copy of the statement of account and the agreement for sale.

          So, the point requires determination is whether the complainant is entitled to the relief as prayed for?

 Complainant has filed the agreement for sale and it appears from the agreement   for sale   that the same was entered  into on 25.01.2015 between the  complainant and the Golden Point Landcon  Pvt. Ltd.  to sell a plot of land  described in schedule of the agreement. Price was settled at Rs.1,50,000/-  per cottha i.e. Rs. 3,75,000/- in total. Money receipt filed by the  complainant shows that he paid the advance sum of Rs. 75,000/- in compliance to the said agreement. But it may pertinent to point out that as per terms and conditions of the said agreement, land was to be handed over after the development within 36 months from the date of the said agreement. The agreement was executed on 25.01.2015. So, 36 months would have completed in January, 2018. On perusal of the record it appears that the complainant has moved before the Consumer Grievance Cell on 08.05.2017 and the present complaint has been filed on 18.12.2017. So, apparently the complainant is premature. The cause of action would have arisen on the expiry of the said date as agreed in the agreement. So, the present complaint being pre-mature is not maintainable and thus liable to be dismissed.

Hence,

                                  Ordered

          CC/700/2017 is dismissed exparte.