DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

North 24 Pgs., BARASAT

M.A. No.157/2024

Arising out of C.C. 381/2022

P R E S E N T                                     :- Sri. Daman Prosad Biswas……….President.

                                                :- Sri.  Abhijit Basu…………………. Member.

Order No.:- 14

Dated:- 20.06.024

            Today is fixed for order. Ld. Advocate for the complainant is present. Ld. Advocate for O.P. Nos. 1-3 are present. Petition filed by O.P. Nos.1-3 dated 13.03.2023 which registered as M.A. Case No. 157/2024 is put up for order. Perused the petition.

O.P. Nos. 1-3 stated in the petition that present case is not maintainable either in law or in facts. They further contended that the case is bad for non- joinder of necessary parties. They further contended that the cause of action has arisen on 29.10.2009, but complainant filed this case on 30.10.2022 and accordingly the case is barred by law of limitation. There is no monetary transaction by and between the parties but complainant prayed for direction upon the O.Ps for execution and register of sale deed in respect of ‘B’ schedule property.

            Perused the petition of complaint and we find that complainant stated in the petition of complaint that they are the bonafide tenant of the holding No. 454, Ward No. Old 6, new 7 under North Barrackpore Municipality. Relating to the aforesaid landed property one agreement was executed in between complainant and O.Ps. In the said agreement both the complainant put their signatures. O.P. Nos. 1-3 also put their signatures. In the said agreement it has mentioned that within 7 days from the date of sanction of plan complainant will vacate their room. It has also mentioned that after completion of construction O.Ps would handed over two rooms, one kitchen , one latrine and would register the same by deed of conveyance.

            As the O.Ps were agreed to execute the deed of conveyance in the aforesaid agreement so they are estopped to say that they will not execute and register the deed of conveyance in respect of property mentioned in the schedule ‘B’ of the petition of complaint.

            Moreover, on perusal of petition of complaint we find that present dispute relating to continuation of cause of action, so we find that present case is not barred by limitation though cause of action was arisen firstly on 29.10.2009.

             In view of above, we do not find any substantive materials in the aforesaid petition in support of the fact that present case is not maintainable.

• td. To Page No.2 . . . ./

: :  2  : :

M.A. No.157/2024

Arising out of C.C. 381/2022

            In the result, petition fails.               

Hence,

                        It is

                                    Ordered:-

that the petition filed by O.P. Nos. 1-3 praying for dismissal of the case on the ground of not maintainability which registered as M.A. being No. 157/2024 is considered and rejected but without any order as to cost.

To 19.09. 2024 for filing questionnaire by the O.Ps.

Dictated and Corrected by me

President

Member                                                                                  President