Order No.02

The Ld. Advocate for the complainant is present.

Today is fixed for admission hearing of the complaint case.

Perused and considered the complaint application. Heard the Ld. Advocate for the complainant.

It is the case of the complainant that she entered into an agreement for sale with the opposite parties to purchase a flat along with one common car parking space fully described in the schedule of the agreement. It is alleged that the opposite parties could not deliver possession of the said flat and car parking space within the stipulated period but ultimately on 13.03.2020 the opposite party no.1 and opposite party no.2 executed and registered the deed of conveyance in favour of the complainant and hand over the physical possession of the flat and a undemarcated car parking space by issuing a possession letter. It is further stated that the Dumdum municipality (South) issued the occupancy certificate on 04.02.2021 which was handed over to her by the opposite party nos. 1 and 2. It is alleged that the opposite party nos. 1 and 2 allotted absolute rear side of the common car parking space to her which is surrounded by four pillars and the car parking space is much lessor than 160 sq.ft. which is mentioned in the deed of conveyance. According to the complainant, the opposite party nos. 1 and 2 are liable to deficiency in service in non providing her proper car parking space on the ground floor of the building which also tantamount to unfair and restrictive trade practice. Hence, this case.

It is apparent on the face of the record that the complainant is a consumer who purchase the service of the opposite parties to purchase a flat along with car parking space on the ground floor mentioned in the schedule of the agreement for sale. The complainant received the possession of the flat and the deed of conveyance was executed in her favour on 13.03.2020. She also obtained the completion certificate dated 04.02.2021 issued by the Dumdum municipality (South). The deed of conveyance clearly suggests that possession of the flat  along with the car parking space on the ground floor has been delivered to the complainant. Therefore, there is no previty of contract between the parties as on this date.

Moreover, the case is barred by limitation. Therefore, the case is not liable to be admitted.

Hence, it is,

                 ordered

that the Complaint case be and the same is dismissed without cost.

Let a plain copy be given to the parties free of cost as per CPR.

Dictated and Corrected by

[HON'BLE MRS. Firoza Khatoon]
PRESIDENT