Complainant’s case is that complainant executed one agreement for development with Op for developing the land of the complainant . The said Development agreement was registered by deed no.8134 for the year 2013 under certain terms and conditions therein. In that agreement it was stated that the owner shall deliver all the relevant papers which includes original Deed of conveyance, Annual Rent receipt, upto date electric bill and other relevant papers . The complainant is not in a position to supply the original sale deed which was lost but supplied other Xerox copies of those requirements. The OP also agreed that after obtaining sanction of the building plan from the munic8ipal authority the developer is liable to hand over the possession of the owners allocation to the owner within 24 months from the date of sanction of building plan or the from the ate of hand over vacant possession of the said first schedule property whichever will happen earlier. Hence, this case.
The case of the op is that Development agreement was registered and according to that Development agreement the complainant agreed to supply the original deeds and other allied documents such as ROR , Death certificate, Tax receipt , rent receipt but the complainant did not supply those documents to the oPs. Due to non supply of documents , inspite of preparing site plan and building plan , the oP was unable to file the building plan before the municipality for getting sanction, for which the Ops were not in a position to start construction work.
Complainant filed Xerox copy of Agreement for Development and one Advocate’s letter and also filed Xerox copy of receipts issued by Konnagar Municipality. Op filed no documents.
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POINTS FOR DECISION :
- Whether the complaint barred by limitation ?
- Whether the complainant is a consumer ?
- Whether there is any deficiency in service on the part of the oP ?
- Whether the complainant/petitioner is entitled to get relief as prayed for ?
DECISION WITH REASONS :
Point no.1
The agreement for development was executed between the parties on 6.11.2013 so case had to be filed within 6.11.2015. But the complainant has filed this case on 23.6.2016 i.e. after the limitation period as laid down in C.P.Act. There is no leave petition . So the case is barred by law of limitation.
Point no.2, 3 and 4
All the points are taken up together for easiness of discussion.
It appears from the record mainly the written complaint and other materials in record that the complainant did not hand over the Title Deed of the property to the OP to enable the Op to take appropriate action for getting sanction order and other step. So it is the lethargy on the part of the complainant to obey the terms of the agreement.
So, after the deliberation of the argument and documents filed by the parties we are of opinion that the complainant has unable to substantiate his complaint before us and the case fails. Hence it is –
ORDERED
That the complaint Case no. 161 of 2016 be and the same is dismissed on contest as the agreement is invalid but without any cost.
Let a copy of this order be handed over to the parties free of cost.
