Order No.2

29.05.2015

Today is fixed for hearing on the point of admission of this case.  The complainant files hazira through his Ld. Advocate.

            The case is taken up for hearing. Heard Ld. Advocate for the complainant.  We carefully peruse the contents of the complaint petition.

            This is a case U/s12/17/21 of CP Act, 1986 with the prayer for an award directing the O.Ps. to hand over the possession and register deed of conveyance in the name of the complainants in respect of the flat measuring 635 Sqft. situated at Gopalpur Mouza, ADSR Durgapur, within P.S.-Kanksha in Dag No.1470, directing the O.Ps. to pay Rs.2,50,000/- as compensation and litigation cost of Rs.50,000/- stating inter-alia that the complainants entered into an agreement to purchase the flat as mentioned above with the O.Ps. at the cost of Rs.8,89,000/-, on  11.9.2012 paying advance Rs.1,67,800/- on condition that the O.Ps. hand over the possession and registered deed of conveyance  in respect of the flat within a period as mentioned in the agreement deed.  But in the mean time two and a half years have already been elapsed but no action has been taken by the O.Ps. to construct the flat.  Accordingly, the complainants being frustrated requested the O.P. No.3 to cancel the agreement and to return his earnest money or to provide him with the allotted flat.  It is further admitted by the complaisant that the O.Ps. in due course some portion of the advance money have returned to the complainant on 30.6.2014 and on 23.7.2014 in cash and by cheque but till this day the O.Ps. have not returned back the rest amount of the advance money .  Hence, this case with the prayer as mentioned above.

            On perusing contents of the complaint it is found that the complainants made a prayer to cancel the agreement for sale dated 11.9.2012 and to return back the earnest money already paid or to provide the allotted flat.  It is further admitted that on the basis of the request of the complainants the O.P.s have already paid a portion of the advance money.  This fact supports that the agreement dated 11.9.2012 has been cancelled and the O.Ps. have started to repay the advance money to the complainants and also the complainants have received back a portion of the advance money from the O.Ps.  These facts also show that the contact between the complainants and O.Ps. in respect of delivery of flat and registration of the sale deed, has been cancelled.  So, at present there is no relation of service provider and consumer in between the parties to this case.  It further appears that the period specified for delivery of the possession of the flat has not yet been expired.  So, we found that this case is premature one. 

            In view of the discussions held herein before we are of the opinion that at present the case is not maintainable and accordingly the case should not be admitted.  Hence, it is

Ordered

That C.C. No.126/2015 is dismissed being not admitted.

Let the copy of this order be supplied to the complainants free of cost.

      (Asoke Kr. Mandal)

             Dictated and corrected by me.                                                        President       

                                                                                                                  D.C.D.R.F., Burdwan

                  (Asoke Kr. Mandal)

                           President

                   D.C.D.R.F., Burdwan

                                                                               (Silpi Majumder)

                                                                                    Member    

                                                                            D.C.D.R.F., Burdwan