SUJIT KUMAR SIL Vs. SUDIPTA BISWAS

JUDGEMENT

(1.) Vakalatnama is filed on behalf of the respondent. Arguments are heard.

(2.) The present revision petition has been filed against the order dated 22.8.2017 of the State Commission in appeal No.FA/510/2014 filed by the respondent/complainant (hereinafter called as "complainant") whereby the complaint No.307/2013 was dismissed vide order dated 31st March, 2014 by the District Forum.

(3.) Brief facts of the case are that both the parties entered into an agreement for purchase of a flat measuring 845 sq. ft. for a sum of Rs.6,50,000/-. A sum of Rs.4 lakh was paid by the complainant for which he succeeded in producing the payment receipt. The possession of the flat was delivered to the complainant in August, 2002 by the petitioner which according to the complainant was incomplete. The complainant filed the complaint with the prayer that the petitioner be directed to execute the conveyance deed. Besides that some compensation for mental agony and the cost of litigation was also claimed. The plea taken by the petitioner was that the complaint was barred by limitation. It was admitted that the consideration of the flat was Rs.6,50,000/- and also contended that the unfinished work in the flat could not be done due to non-cooperation of the complainant and non-payment of the consideration amount and prayed for dismissal of the complaint. After hearing learned counsels for both the parties, the District Forum however dismissed the complaint on the ground that the complaint was barred by limitation.