MANJU KOTHARI Vs. DILIP SIKDAR

JUDGEMENT

(1.) This appeal is directed against the order dated 17.2.2004 passed by the Howrah District Consumer Forum in HDF Case No. dismissing a complaint filed by Smt. Manju Kothari, the present appellant summarily without admitting the same on the 'ground that the same was hopelessly barred by limitation under Sec.24 (A) of the Consumer Protection Act, 1986 and also in view of the provision of Sec.12 (3) thereof.

(2.) The relevant facts leading to the filing of this appeal may be summarised as follows.

(3.) The case of the complainant was that on 7.8.1998 she entered into a verbal agreement with the O. P. No.1 (the present respondent No.1) for purchasing a flat being Holding No.94, Salkia School Road, District Howrah at a total consideration of Rs.4,33,100/-. Thereafter the complainant paid the price in full to the O. Ps. and the O. Ps. delivered possession of the flat in her favour also on 29.11.1998. But they did not execute and register a deed of conveyance and gave her to understand that they would do it shortly. But they actually went on avoiding doing this job. Then in the 1st week of February, 2002 the complainant again requested them to No.1 agreed and as per his advice the complainant purchased Stamp Paper amounting to Rs.25,000/- on 11.2.2002. A draft deed of conveyance was also prepared and the O. P. No.1 approved of the same but ultimately he did not execute or register the same. Then the complainant was compelled to serve Advocate's letter upon the O. Ps. by registered post with A/d. But the O. Ps. refused to accept the same. Hence the complainant filed the case before the District Forum praying for an order directing the O. Ps. to execute and register the deed of sale and also for other reliefs as admissible under the law.