RAJAT KUMAR DE Vs. M/S. SAGAR CREATION

JUDGEMENT

(1.) This appeal has been filed by the appellant against the order dated 20.05.2015 passed by the West Bengal State Consumer Disputes Redressal Commission, Kolkata (in short, 'the State Commission') in Complaint Case No. CC/329/2013 Rajat Kumar De Vs. M/s. Sagar Creation by which, complaint was dismissed.

(2.) Brief facts of the case are that complainant/appellant entered into an agreement with the OP/respondent on 16.1.2011 for purchasing flat no. 5 on the 3rd floor, Block-A of Sreya Residency, GF 19/2, Nabapaly, Jyangra, P.S. Baguiati, Kolkata 700 059 together with a car parking space measuring 206 sq. ft. on the ground floor of Block-A for consideration of Rs.18 lakh. Upon payment of the consideration amount the deed of conveyance was registered on 1.8.2011 and possession was delivered on the same date. But the OP did not hand over the allocated portion of the car parking space physically and formally although the possession letter indicated that the car parking space was also handed over to the Complainant. The car parking spaces were not marked at that time. The complainant wrote several letters to the OP for allocating the car parking space, but to no effect. There were a number of unauthorized constructions carried out by the Developer in the said complex in violation of the Municipal Act and Rules. The complainant has prayed for passing an order directing the OP to provide fire fighting arrangement including construction of underground water reservoir having capacity of 50000 litres in order to ensure right to life of the complainant and the inmates of the said housing complex, to demolish the unauthorized construction, to provide allocated car parking space, chimney for the generator and completion certificate and to pay compensation of Rs. 30 lakhs. OP resisted complaint, denied all the material allegations raised in the complaint. It has been stated that the OP has executed and registered the deed of conveyance in favour of the complainant and delivered possession on 1.8.2011 including parking space without any objection from the complainant. The complaint is time barred as the petition of complaint was filed after lapse of more than two years from 1.8.2011. The Rajarhat Gopalpur Municipality duly issued the completion certificate. OP prayed for dismissal of the complaint. Learned State Commission after hearing both the parties dismissed complaint as barred by limitation.

(3.) Heard learned Counsel for the parties finally at admission stage and perused record.