The appeal is directed against the final order of dismissal of consumer complainant bearing no CC/31/2022 passed by Ld. DCDRC, Jalpaiguri on 23.05.2022.

The fact and history of the consumer dispute is that the appellant/ complainant is a man of Dist. North 24 parganas of W.B. who intended to purchase a residential Flat situates at Matigara, under Sub-division siliguri of Darjeeling, District from the Op’s. The OP’s office and residences are located within the area of Jalpaiguri district. Process of purchasing the said Flat initiated on 05.01.2016 and the total cost of the flat fixed on negotiation for Rs. 4,95,000/- and complainant had already paid Rs. 4,84,000/-. In spite of such payment, the flat was not handed over to the complainant. So, he, at first, filed a consumer complaint before the Ld. DCDRC, Siliguri bearing No CC.14 of 2022. Ld. DCDRC, Siliguri at admission stage come to a decision that neither the complainant, nor the OPs are inhabitants within the Jurisdiction of the Ld. Dist. Commission nor the OP’s have offices there on. So, for want of territorial Jurisdiction, the consumer complainant was not admitted for disposal.

Then the complainant on 10.05.2022 filed the sane consumer complainant before Ld. DCDRC, Jalpaiguri.

Ld. DCDRC, Jalpaiguri, at the stage of admission hearing observed that the cause of action last date was 09.02.2017 and since more then two years has been already elapsed from the said date of cause of action and for that reason, the consumer complainant could not be admitted.

Against the said order of Ld. DCDRC Jalpaiguri dated 23.05.2022, the appeal preferred on the grounds that proposition of fact and law was not properly appreciated and Ld. District Commission passed the impugned order not vested in law.

The appeal was admitted in due course and the respondents after receiving notice has contested the appeal through Ld. Advocate M. Paul and N. Mahapal.

The appellant himself conducted the hearing of appeal. Both sides furnished WNA.

                                                        Decision with reasons

Having both sides appear within case the regarding agreement and purchase of flat between the complainant and OP’s, no deed of agreement was executed. The complainant/appellant relies upon the money receipts and bank statement by which it is learnt that he has paid Rs.4,84,500/- out of the consideration price of the flat of Rs. 4,95,000/-.

It is also established that the said residential complex is located at ‘’Vastu Behar’’ at Matigara within the dist. Darjeeling and within the territorial Jurisdiction of Siliguri, DCDRC.

The subject matter of the case is a residential complex situated within the jurisdiction of the DCDRC, Siliguri. The office of OP’s is located at Sevoke Road, Dist. Jalpaiguri. So, Ld. DCDRC, Jalpaiguri also have the jurisdiction to resolves the consumer dispute.

 Now, in view of new CP Act, 2019, the complainant also has the option to file a consumer case over the same subject matter, either at distract commission, siliguri, Jalpaiguri or at Barasat, North 24parganas.

The main contention is that the Ops in spite of receiving almost full price of the flat has not delivered the possession and also has not excented the deed of transfer and in such situation the cause of action remains continuous and it should not be confined the date 09.02.2017 as the last date of course of action. So, from the point of legal aspect, the observation of Ld. DCDRC, Jalpaiguri appears to be wrong and not vested in law.

Cause of action till subsists and continues until the possession is delivered and deed of conveyance is executed.

So, the order of Ld. DCDRC, Jalpaiguri, dated 23.05.2022 requires to be interfered.

                                                            Hance It is Ordered,

That the instant appeal be and the same is hereby allowed on contest without cost.

The order of Ld. DCDRC, Jalpaiguri dated 23.05.2022 in CC No. 31/2022 stands set aside.

The complainant is at liberty to persue his instant consumer complainant bearing No CC. 31 of 2022 before the Ld. DCDRC, Jalpaiguri in due process of law on merit.

Or at his convenience, he may file fresh consumer complainant near his house at North 24 parganas or at District Commission siliguri as the subject matter is located there on. The period of pendency of the case since its filing at Siliguri, DCDRC and till this day as final disposal of appeal shall be excluded at the time of computation of delays.

Let the copy of this order be handed over to the parties of appeal free of cost and to be communicated to the Ld. DCDRC, Jalpaiguri.