Today is fixed for admission hearing.

Ld. Lawyer for the complainant is present by filing hazira and has also filed an affidavit, wherein the complainant of the case, has stated that the address of the O.P. No. 2 as shown in the cause title as, under Matigara P.S,instead of Bhaktinagar P.S.

Heard, the Ld. Lawyer for the complainant, who has submitted that on 05.01.2016 the complainant, in order to purchase a flat had paid Rs. 1,00,000/- (Rupees One Lakh Only), to O.P. No. 7. But, in spite of several requests, the O.Ps. No. 6 & 7, failed to provide the documents for booking the flat. The complainant then went to Siliguri, where O.P. No. 6 introduced him to the company’s officials and confirmed that Flat No. 406/A Block Nano- 1 had been booked in his name and demanded further payment and the complainant had paid 60,000/- (Rupees Sixty Thousand Only) vide cheque no. 031482 dt. 14.02.2017 and a receipt dt. 09.02.2017, had been handed over to the complainant and also promised to issue the receipt for Rs.1,00,000/- (Rupees One Lakh Only) paid previously. Trusting the O.P’s. the complainant has paid Rs. 4,84,500/-( Rupees Four Lakh Eighty Four Thousand Five Hundred Only), against actual consideration money of Rs. 4,95,000/-( Rupees Four Lakh Ninety Five Thousand Only). The O.P. failed to provide any document accept the money receipt dt. 09.02.2017. He then requested O.P. No. 7 who handed over receipt of Rs.1,00,000/- (Rupees One Lakh Only), but that receipt  was also in the name of O.P. No. 7 and on further query, she had replied that the flat had been booked against her I.D. Code and for which reason her name had been wrongly entered and the same would be corrected. But none of the O.P. officials contacted the complainant and finding no alternative issued a legal notice dt. 29.09.2021. Thereafter, this case was filed.

At the very outset, it needs to be mentioned, that the cause of action arose on 05.01.2016, and on 09/02/2017, but the complainant failed to file any case within the stipulated period of two (2) years, which is well before the onset of the Pandemic period. Therefore, the complainant cannot claim the excuse of Lock-down, for the Pandemic period, as a hindrance to filing this case. That apart it is well settled law that anybody who sleeps over his right should not be permitted to reclaim the same at a later stage. Under the circumstance this case is badly delayed by more than Six (6) years and therefore, the same cannot be admitted.

As such the admission fails.