Today is fixed for admission hearing of this Complaint.

The Ld. Counsel for the complainant is present who has advanced argument on the point of admissibility of this complaint.

We have heard at length and also perused the petition of complaint along with the relevant documents.

It is seen by us that in the paragraph no. 6 of the petition of complaint the complainant has mentioned that in the year 2017 he got physical possession in the questioned flat and since then he has been residing therein.

By filing this complaint the complainant has prayed for direction upon the Ops to refund the entire consideration of Rs. 30,00,000/- along with interest @ 18% p.a. thereon till the date of actual payment.

The complainant has also sought for compensation due to harassment, mental agony along with interest and litigation cost.

In respect of the abovementioned we are to mention that admittedly the complainant got physical possession in the flat in the year 2017. Since then till filing of this complaint ie. 13.09.2021 more than two years have already been elapsed. Admittedly the complainant did not file any separate application praying for condonation of delay in view of the Section 69 (1) of the Consumer Protection Act, 2019.

In the said Section it is enumerated that “the District Commission, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.

In the sub-Section (2) of the said Section it is written that a complaint may be entertained after the period specified in sub-Section (1) , if the complainant satisfies the District Commission, the State Commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period……………………………….”

Having regard to the abovementioned Section and sub-Section we are of the opinion that as the complainant did not file any petition praying for condonation of delay along with this application, where it is palpable that there is delay in preferring this Complaint, we are not in a position to admit this Complaint.

In the prayer portion the complainant has prayed for refund of Rs. 30,00,000/- along with interest.

It is seen by us that the cost of the purchased flat is for Rs. 30,00,000/- as per the agreement for sale. After getting physical possession in the flat the complainant cannot seek at the same breath for refund of the cost of the flat to him. If refund is allowed then the agreement for sale should be terminated, this Ld. Commission is not empowered to cancel or to terminate the agreement for sale, only Ld. Civil Court is empowered to pass any order on this aspect. Therefore the abovementioned prayer for refund is not maintainable before this Ld. Commission under the purview of the Consumer Protection Act, 2019.

It is pertinent to mentioned that the complainant has filed an application praying for ‘not pressed’ this application. We are inclined to allowed the said application filed by the complainant.

Going by the foregoing discussion hence it is ordered that the Consumer Complaint no. CC/268/2021 is hereby dismissed without being admitted. There is no order as to cost.

However the complainant is at liberty to approach before the appropriate Court for redressal of his grievance. If not barred otherwise.

The complainant is also at liberty to get return the copy of the complaint and the documents from the appropriate authority of this Commission as the complaint is not admitted. In this respect the complainant is further directed to submit a separate application praying for return of the abovementioned documents. The appropriate authority of this Commission is hereby directed to take necessary step upon receipt of the application from the complainant so that the complainant can get return of the aforementioned without any further delay.

Let plain copy be given to the parties free of cost as per CPR.

Dictated and corrected by

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT