IMPORTANT POINT
Limitation – In order to file a complaint case before the District Forum or the State Commission or the National Commission limitation period is two (2) years from the date on which the cause of action has arisen.

JUDGMENT

Subhra Sankar Bhatta, Presiding Member—The present complaint case is at the instance of the Complainant viz. Sri Sudhir Kumar Gupta under Section 12 of the Consumer Protection Act, 1986 (in short herein after referred as “The Act”) on the allegations of gross negligence, deficiency in service and unfair trade practices on the part of the Opposite Parties M/s. Millennium India Construction and others.

2. The facts of the complaint case in a nutshell, are that the Complainant had a desire to purchase a flat and accordingly he approached before the OP/Developers in the month of November, 2014 for purchasing a residential flat measuring 1650 Sq.ft. on the entire third floor situated at the G+4 storied building of the premises no. 348/4 N.S. C. Bose Road (Mailing Address 1/61, Naktala Govt. Scheme-I) P.O.-Naktala, P.S.–Jadavpur (at present Netajinagar) under Corporation Ward No. 100 Kol-700047.

3. Further case of the Complainant, is that, it was agreed that the Developer/OPs herein shall complete the construction of the proposed building shortly and make the said schedule mentioned flat fit for habitation in accordance with the proposed building plan and provide all the facilities in accordance with the terms of the agreement. It was further agreed that the cost of the scheduled mentioned flat along with the garage shall be Rs.70 Lakhs. At the time of signing the agreement the Complainant paid Rs. 14 Lakhs as earnest money by cheque. The rest amount of 56 Lakhs was paid through IDBI Bank Limited by taking finance vide cheque being no. 04852 dated 07.11.2014 amounting to Rs. 56 lakhs.

4. Further case of the Complainant, is that, a deed of conveyance for the scheduled flat along with the car parking space in question was executed and registered on 05.11.2014 by the vendors/Opposite Party herein in favour of the Petitioner/Complainant by receiving the entire consideration money.

5. It has been alleged by the Complainant that immediately after executing the deed of conveyance the Opposite Party took time to deliver possession of the flat in question on different pretext. Nearly three years have been elapsed but the Developer/Opposite Party did not hand over possession of the flat in question to the Complainant. It is the specific case of the Complainant that he booked the scheduled flat in question by way of finance from the IDBI Limited Company of India and the Complainant has to pay regular EMI and interest from time to time to the IDBI Limited.

6. Being aggrieved by and dissatisfied with the action of the Opposite Party the Complainant sent a notice on 10.12.2018 to the Developer/Opposite Party requesting him to complete the incomplete works of the flat in question and to hand over possession of the flat in question at an early date. It has been also alleged that despite receipt of the said notice the Opposite Party neither responded nor handed over physical possession of the flat in question along with the garage in favour of the Complainant and did not also execute the deed of conveyance on receipt of the arrear consideration money.

7. Further case of the Complainant, is that, the Opposite Party should hand over physical possession of the flat in question along with the garage alternatively the Opposite Party should be directed to refund Rs. 70 Lakhs along with 15% compound rate of interest and the Opposite Party should also pay compensation for such unfair trade practices. According to the Complainant the cause of action for the present complaint case arose within the jurisdiction of the Ld. State Commission as and when the Complainant issued a letter on 10.12.2018 and thereafter the cause of action is still continuing on day to day basis. It has been also contended that the present complaint case has been filed within time (i.e. after the issuance of the said letter). The Complainant has prayed for relief/reliefs as sought for in paragraph no. 17 of the petition of complaint.

8. On 20.03.2019 Opposite Party Nos. 1, 2 3