The complainants are seeking issuance of directions to the Opposite Parties to deliver them possession of the flat purchased by them. It is on record that possession of the said flat was offered to the complainants on 25.04.2011 (Pages 87 & 88 of the file). They were also asked to deposit some amount, which they deposited. Thereafter, on 23.05.2011, a letter was written by the complainants to the Opposite Parties indicating some deficiencies in the constructed unit, however, they failed to get any response from the Opposite Parties. Again a letter was written on 09.07.2011 enquiring, as to what action has been taken qua deficiencies indicated by the complainants. Thereafter, it appears that the complainants slept over the matter and did nothing. After five years, they have filed this complaint, seeking issuance of directions to the Opposite Parties to deliver them possession of the unit, in question.

                 We are of the opinion that the complaint filed is beyond the period of limitation. Section 24-A of Consumer Protection Act, 1986 reads thus:-

“24A. Limitation Period

(1) The District Forum, 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.

(2) Notwithstanding anything contained in sub-section (1), a complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Forum, 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 :

Provided that no such complaint shall be entertained unless the National Commission, the State Commission or the District Forum, as the case may be, records its reasons for condoning such delay.”

                 It is specifically stated that the State Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen to the complainant.

                 In the present case, cause of action has arisen in the year 2011 when possession was offered. The complainants indicated some deficiencies in the constructed unit and request was made to remove those deficiencies. Thereafter, in the year 2011, amount demanded was also paid before the end of the year 2012. For five years, the complainants kept mum and did not take any action. Even no application has been filed by the complainants to condone the delay in filing the instant complaint.

                 In view of above, we are of the opinion that this complaint is time barred. Accordingly, the same is dismissed being barred by limitation. Liberty shall remain with the complainants to avail any other remedy.

                 Certified copies of the order be sent to the parties free of charge.