Heard learned counsel for the appellant. None appears for the respondents.

2.      This appeal is filed u/s 15 of the Consumer Protection Act (hereinafter called the ‘Act’ in short). Parties hereinafter were arrayed as the complainants and OPs as per their nomenclature before the learned District Forum.

3.      The case of the complainant in nutshell is that the complainant has purchased a flat bearing No.1-D from the OP. The only grievance of the complainant is that he was allotted parking space No. 2 but he was allowed to useparking space No. 25. It is alleged that the sale deed contains parking space No. 2 and not 25. In spite of best effort, the OP has not listened the grievance of the complainant. Therefore, the complainant filed the complaint.

4.      OP filed written version stating that there is no mistake on his part and  he allotted parking space No. 25 to the complainant. So, there is no deficiency in service on his part.

5.      After hearing both the parties, the learned District Forum was pleased to dismiss the complaint.

6.      Learned counsel for the appellant submitted that the learned District Forum has committed error in law by not applying the judicial mind to the facts of the case and consider the complaint properly and for that passed the illegal order whichshould be set aside. He submitted that actually  he is parking the vehicle at parking space No. 25 but the parking space No. is 2. Therefore, he submitted to set aside the impugned order by allowing the appeal.

7.      Considered the submission of learned counsel for the appellantand perused the impugned order including the DFR.

8.      Para 8 and 9 of the impugned order is as follows:-

                             “xxxxxxxxx

It appears from the possession letter dated 11/11/2013 issued by the OP to the complainant i.e. Annexure – A1 as follows:-

            In furtherance of the agreement dated 26/12/2012 concerning or relating to the above flat we would like to put it on record that we have this day delivered to you peaceful, vacant and khas possession of the above flat containing super built up area of 1995 sqft each more or less duly and effectively completed in all respects along with car parking No. 25.

It further appears form clause – 11 of the sale deed as follows:-

That the buyer shall have no right, claim or lien of any kind in respect of any of the common spaces, parkings, lobbies, staircases, or any other portion of the said building except the core flat herby sold. However, the Buyer and his invitees shall have the right of ingress and egress to the said property by the use of common corridors and stairs. The overall control of the building and the land shall always remain with the builder.

9. We find the possession letter dated 11/11/2012 as stated above appears to have been issued only after execution of sale deed on 13/03/2013 which is binding upon both the parties, as such thereafter, the allegation of the complainant that the original possession  letter  does not bear the number of parking slot, bears no genuineness.. In our considered opinion, as per usual practice & procedure, the possession letter vis-à-vis the registered sale deed are final and conclusive and as per the terms & conditions of such possession letter sale deed, the builder used to deliver possession of the constructed area which normally being accepted by the customers as rightly submitted by the OP. From the copy of the sketch map of the parking space it is evident that each parking space has the same area and no parking space can be divided into two parts as alleged by the complainant.

Further clause – 3 of the saledeed reads as follows:-

That at the time of takingpossession of the Core Flat the buyer has satisfied himself in all respects regarding the Core Flat and has no claims of any kind, whatsoever, against the promoter nor shall the Buyer be entitled to raise any objection or may any claim of any kind hereafter.”

9.      In view of aforesaid discussion and particularly the complainant was already in possession of parking space No. 25 as per the letter, there is no any mistake in the impugned order. Therefore, the impugned order is confirmed and the appeal stands dismissed. No cost.

        DFR be sent back forthwith.

        Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.