30/12/15

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT          

             This Appeal is directed against the judgment and order passed by Learned District Forum, Barasat, North 24-Paraganas in CC 209 of 2012 dismissing thereby the petition of complaint. 

          The Complainant filed the petition of complaint alleging that after taking delivery of possession followed by registration of the deed of conveyance it was found that there was shortfall of 60 sq. ft. and thus prayed for compensation of Rs.2 lakh. 

            The Learned Counsel for the Appellant/Complainant has submitted that the possession certificate was issued by the OP showing delivery of possession on 18/12/07, but it was actually handed over much later.  It is submitted that the Complainant actually came to reside in the flat on 21/09/10 and the cause of action arose from the date of knowledge. 

            None appeared on behalf of the Respondent. 

            We have heard the submission made by the Learned Counsel for the Appellant and perused the papers on record.  It appears that the Complainant, admittedly, got possession and the deed of conveyance was registered on 28/01/08.  The complaint was filed in the year 2012.  We are unable to accept the contention of the Appellant/Complainant that he actually came to reside in the flat on 21/09/10 and the cause of action arose from that date.  The cause of action arose from the date of registration of the deed of conveyance and the complaint having been filed after the expiry of two years, the Learned District Forum was justified in dismissing the complaint.

            The Appeal is dismissed.  The impugned judgment is affirmed.