| Complaint Case No. CC/252/2020 | | ( Date of Filing : 06 Nov 2020 ) |
| | | | 1. Jaya Punjabi | | Flat no.901, 9th Floor, Diamond Towers, Diamond Harbour Road, P.O and P.S. South Port, Kolkata-700027. |
| ...........Complainant(s) | |
| Versus | | 1. M/S. Jhansi Fuels and Chemicals Ltd. | | BBD Bag, Kolkata-700001, P.S. Lalbazar. | | 2. Ashok Pasari, Director and Developer of M/S.Jhansi Fuels and Chemicals | | 35, Ballygunj Park, P.S. Ballygunj, Kolkata-700017. | | 3. 37, Diamond Towers Owners'Association | | Diamon Towers, 37, Diamond Harbour Road, Kolkata-700027, P.S. Alipore. | | 4. President of 37, Diamonod Towers Owners' Association | | Dimaond Towers,37,Diamond Harbour Road, Kolkata-700027, P.S. Alipore. | | 5. Secretary of 37, Diamond Towers Owners'Association, Rep. by R.K.Mohta | | 37, Diamond Harbour Road, Kolkata-700027, P.S.Alipore. | | 6. Laxmi Punjabi | | 37, Diamond Towers, B-803, Parishkar 1,Khokhra Circle, Maninagar, Ahmedabad-380008,P.S. Khokhara Mehmadabad. | | 7. Rabindra Nath Mukherjee | | Diamond Towers,37, Diamond Harbour Road, P.O and P.S. South Port, Kolkata-700027. | | 8. Rathindra Nath Mukherjee | | Diamond Towers,37, Diamond Harbour Road, P.O and P.S. South Port, Kolkata-700027. | | 9. Susoma Devi | | Diamond Towers,37, Diamond Harbour Road, P.O and P.S. South Port, Kolkata-700027. | | 10. Jagadish Mukherjee | | Diamond Towers,37, Diamond Harbour Road, P.O and P.S. South Port, Kolkata-700027. | | 11. Pradip Mukherjee | | Diamond Towers,37, Diamond Harbour Road, P.O and P.S. South Port, Kolkata-700027. | | 12. Probudho Mukherjee | | Diamond Towers,37, Diamond Harbour Road, P.O and P.S. South Port, Kolkata-700027. | | 13. Partha Chatterjee | | Diamond Towers,37, Diamond Harbour Road, P.O and P.S. South Port, Kolkata-700027. |
| ............Opp.Party(s) |
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| Final Order / Judgement | Order No. 03 Date- 04.01.2021 Today is fixed for passing order. Heard the matter on the point of admission on 23.12.2020. Fact remains that there was an agreement between OP-1 in one part and Sri Gobind Ram Punjabi and Laxmi Punjabi on second part. It is also true that one Dibyendu Shekhar Sinha was a confirming party in the said agreement. The possession of the subject flat was given to Gobind Ram Punjabi and another against payment of consideration money. During his lifetime said Gobind Ram Punjabi including his family members occupying the subject flat. The Apartment Owners’ Association shall take steps for registration of sale deed in respect of subject flat in terms of resolution taken by the association. Gobind Ram Punjabi died on 05.03.1999 leaving behind the complainant as his legal heir. During their life time said Gobind Ram Punjabi and his wife Laxmi Punjabi did not ventilate their grievance to the Apartment Owners’ Association. No correspondence is forthcoming on behalf of the complainant in this regard till the life time of said Gobind Ram Punjabi. Ultimately, complainant filled the instant consumer case on 06.11.2020. Limitation, period had already expired at least in the year 2001. However, the complaint has filled after 18 years. Complaint being highly barred by limitation. In a case, reported in 2020 (3) CPR 140 (NC) the Hon’ble NCDRC has been dealt with similar case and affirmed the dismissal of the complaint on the ground of limitation by the DCDRF, Delhi and SCDRC, Delhi. In view of the above aspect, we are not inclined to admit the complaint. More so, there is no prayer on the part of the complainant for condonation of delay. Hence, Ordered That the consumer complaint is not admitted being barred by limitation. | |
