West Bengal

Kolkata-I(North)

CC/309/2018

Sri Dilip Kumar Biswas and 2 others - Complainant(s)

Versus

West Bengal Infrastructure Development Finance Corporation (WBIDFC) - Opp.Party(s)

Avijit Saha

03 Dec 2018

ORDER

Consumer Disputes Redressal Forum, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Complaint Case No. CC/309/2018
( Date of Filing : 19 Nov 2018 )
 
1. Sri Dilip Kumar Biswas and 2 others
S/o Lt. Anandi Nath Biswas, Flat No. 10A, Tower - 16, Site - IV, Sankalpa Housing Project, New Town, Rajarhat, Kolkata - 700156.
2. Sri Mihun Biswas
S/o Sri Dilip Kumar Biswas, Flat No. 10A, Tower - 16, Site - IV, Sankalpa Housing Project, New Town, Rajarhat, Kolkata - 700156.
3. Smt. Piu Biswas
d/o Sri Dilip Kumar Biswas, Flat No. 10A, Tower - 16, Site - IV, Sankalpa Housing Project, New Town, Rajarhat, Kolkata - 700156.
...........Complainant(s)
Versus
1. West Bengal Infrastructure Development Finance Corporation (WBIDFC)
36A, Hemanta Basu Sarani, P.S. - Hare Street, Kolkata - 1.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sambhunath Chatterjee PRESIDENT
 HON'BLE MR. Sk. Abul Answar MEMBER
 HON'BLE MRS. Sagarika Sarkar MEMBER
 
For the Complainant:Avijit Saha, Advocate
For the Opp. Party:
Dated : 03 Dec 2018
Final Order / Judgement

Order No.  2  dt.  03/12/2018

            The complainant filed this case stating inter alia that the predecessors-in- interest of the complainants purchased the property from the o.p. at a consideration price of Rs.16,54,000/- and the complainant got the possession of the flat in question on 26th August,2011. After the lapse of 7 years the complainants have come before this Forum that there are some difficulties in the placement of tiles in the bed room, bathroom etc. and has prayed for compensation and litigation cost. It appears from the record that the complainants have enjoyed flat for the last 7 years and some minor defects arose for which this case has been filed after the lapse of statutory period of 2 years. Accordingly, we hold that the case filed by the complainants is barred by limitation and the same is not maintainable.

            As such, it is ordered that the case be dismissed in limini.

 
 
[HON'BLE MR. Sambhunath Chatterjee]
PRESIDENT
 
[HON'BLE MR. Sk. Abul Answar]
MEMBER
 
[HON'BLE MRS. Sagarika Sarkar]
MEMBER

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