IMPORTANT POINTS
(1) Limitation - The provision is peremptory in nature, requiring the Consumer Commission to examine before it admits the complaint that it has been filed within two years from the date of accrual of cause of action.
(2) Sufficient cause - The Consumer Commission, however, for the reasons to be recorded in writing may condone the delay in filing the complaint, if sufficient cause is shown.

ORDER

Manojit Mandal, President—This complaint is filed by the complainant under section 35 of the Consumer Protection Act, 2019 read with other relevant provisions and sections of the said Consumer Protection Act, 2019 alleging gross deficiency and negligence of services on the part of the opposite parties.

2. The complainant has filed this case praying for the following reliefs:—

“(i) To admit the complaint;

(ii) To issue notice upon all the opposite parties named in the complaint;

(iii) To pass an order of interim injunction under section 38(8) of the Consumer Protection Act, 2019 restraining the opposite parties with the direction, not to sale, mortgage, assign, rent, lease or transfer in any way, the said residential Flats and the car parking spaces in reference mentioned in the Schedule ‘A’ hereunder written, till final disposal of this complaint;

(iv) To direct all the opposite parties forthwith execute and register the Deed of Conveyance in favour of the complainant as per the Verbal Agreement and Money Receipts, in respect of the Schedule ‘A’ property.

Alternatively

The Deed of Conveyance be executed and registered in terms of the Verbal Agreement and Money Receipts in respect of the Schedule ‘A’ property by an Advocate Commissioner appointed by this Hon’ble Commission.

Alternatively

To direct the opposite parties to refund the total consideration of Rs.65,00,000/- together with interest @ 18% per annum which was received by the opposite party as earnest / advance money towards the purchase of Schedule ‘A’ property.

(v) To direct the opposite parties to pay compensation of Rs.10,00,000/- for denial of service, delay for possession to the complainant.

(vi) To direct the opposite parties to pay compensation of Rs.10,00,000/- for mental pain and agony to the complainant.

(vii) The opposite parties be directed further to pay litigation cost of Rs.3,00,000/- to the complainant.

(viii) And to pass any such further direction and / or directions, order and / or orders, as the Hon’ble Commission may deem fit and proper.”

3. Heard the Learned Advocate appearing for the complainant at length and in full on the point of admission.

4. We have carefully perused the petition of complaint along with its annexures. It appears from the petition of complaint that the complainant on 11.04.2016 by paying a cheque amounting to Rs.25,000/- (Rupees twenty five thousand) only entered into a verbal agreement with the opposite parties to purchase a flat situated at premises No. 108, S.N. Roy Road, P.S. New Alipore, Kolkata – 700 038. By virtue of the said verbal agreement it was settled that consideration money would be Rs.65,00,000/-. It was further agreed that the residential flat and car parking space shall be completed within ten (10) months i.e. by March, 2017 and upon payment of the consideration, possession shall be delivered to the complainant.

5. Further case of the complainant is that the complainant duly acted as per verbal agreement and made payment from time to time and the opposite parties also acting in terms of the verbal agreement in constructing the residential flat and car parking space booked by the complainant. But the opposite parties have not yet handed over the physical possession of the residential flat and the car parking space to the complainant.

6. Further case of the complainant is that the opposite parties have failed and neglected to execute and register the deed of conveyance in respect of the residential flat and car parking space in favour of the complainant.

7. Hence this case.

8. It also appears from the petition of complaint that the complainant has clearly and categorically stated in the petition of complaint that the cause of action arose on July, 2018 and lastly in the month of November, 2022 and thereafter is continuing day to day at the one residential flat situated on the 3rd floor together with one car parking space on the ground floor with the opposite parties who are engaged a