Order No.3                         

Ld. Advocate for the complainant is present.

The case is taken up for admission hearing.

Complainant submits that he has entered into an agreement for sale on 01/04/2022 with the opposite party nos.1 and 2 to purchase a flat mentioned in the schedule of the complaint application at a consideration of Rs.36,90,500/- (Rupees thirty six lakh ninety thousand and five hundred) only out of which he has already paid Rs.22,00,000/- (Rupees twenty two lakh) only to the opposite party nos.1 and 2.

As per Agreement for Sale dated 01/04/2022, the opposite party nos.1 and 2 are liable to deliver the possession of the said flat to the complainant within September,2023.

At present the opposite party nos.1 and 2 willfully and intentionally are not proceeding with the work of construction to finish the flat within the stipulated period. Moreover, they took payment for booking of the self same flat from third party. Recently a person namely Mr. Anirban Halder threatened the complainant claiming that he had paid advance booking of payment in respect of the self same flat to opposite party nos.1 and 2.

According to the complainant the opposite party nos.1 and 2 are liable for deficiency in service and for unfair trade practice.

It is apparent on the face of the record that the opposite party nos.1 and 2 is liable to deliver the possession of the flat mentioned in the schedule of the complaint application by September, 2023.

There is no prima facie to prove that the opposite parties are engaged in unfair trade practice. We do not find any cause of action to try the case before this Commission.

Therefore, the complaint case being prematurely filed is not liable to be admitted.

Hence, it is

                                                O R D E R E D

that the complaint case be and the same is dismissed without cost.