Order No:  3                                                                            Date:05/10/2023

Today is fixed for further admission hearing. Ld. Advocate for the complainant side is present but on the last occasion this Commission asked Ld. Advocate for the complainant to file some required documents which she has not submitted even today. As per submission for the Ld. Advocate for the complainant, the complainant side is not in a position to collect those documents. The fact remains that this complaint case has been filed by one Smt. Gita Devi and one Chandra Sekher Singh as petitioners/complainants whereas in affidavit portion of the complaint the affidavit has been made only by the complainant no.2. Whether the complainant no.1 has given any kind of power of attorney to the complainant no.2 with regard to representing herself has not been mentioned in the complaint petition nor any scrap of paper has been submitted by the complainant to show that the complainant no.2 has presenting the complainant no.1. Moreso, as per agreement for sale the submitted by complainant which is annexure as mark “A” the date of agreement was on 9^th day of February, 2023 and as per said agreement in page no.7 of the said agreement it has been clearly mentioned at point no.2 “that within 15^th month from the date of this agreement the owners/developers being the party of the first part herein shall construct a new multi-stored building at the said property and deliver the said flat to the party of the second part herein”. So, the agreement for sale is still in existence as because the agreement for sale was made only on 9^th February, 2023. So, cause of action for filing the instant case has not yet been arisen.

In the prayer position of the complaint petition the petitioner prays for passing order directing the O.ps. to provide and deliver the petitioner the payment receipt of Rs.2,50,000/- which is not at all possible at this stage as tenure of 15^th month of agreement for sale has not yet come to an end. Hence,

it is accordingly,

o r d e r e d

that the complaint case no.CC/206/2023 be and the same is rejected/not admissible.

Dictated & corrected by me.

Member