Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member
Heard Mr.Nilesh Parte, Advocate for the complainant.
Possession of the flat was, admittedly, received by the complainant on 21/06/2011. At that time, she had signed possession acknowledgement letter on even date as under :-
“We confirm that we have physically inspected the flat and found all amenities and areas, as per terms of the Agreement. The construction quality and workmanship is good. Having satisfied ourselves of the same, we express that we have no complaint or grievance of any nature whatsoever against Macrotech Construction Pvt. Ltd. in respect of the said Flat; and all the issues, claims, demands, objections, complaints, including our concerns about the date and mode/manner of possession (if any, raised by us earlier) pursuant to the said Agreement are fully settled and resolved amicably to our entire satisfaction. We acknowledge and also undertake not to raise any further issues, claims, demands, objections, complaints of any nature against Macrotech Construction Pvt. Ltd. in respect of the said Flat.”
Thereafter, complainant perhaps maintained silence, did not protest until she had written on 01/04/2012 to the opponent for the first time raising concern about delayed possession to which there is a reply from the opponent/builder dated 16/05/2012. Thus, per se, the complainant now wants to go beyond their possession acknowledgement letter dated 21/06/2011. If she wants to do it, it requires detail enquiry and also recording lengthy evidence and such exercise, perhaps is not expected in a summary inquiry of the consumer complaint. Under the circumstances, complaint is not admitted and stands disposed off accordingly.
Pronounced
Dated 1st July 2013.
