Before the District Consumer Disputes Redressal Commission, Rohtak.

                                                                        Complaint No. : 172

                                                                        Instituted on     : 17.03.2022

                                                                        Decided on       : 09.08.2023

Ajmer Singh s/o Sh. Ghasi Ram, r/o H.No.1191/23 DLF Colony, Rohtak.

                                                                                                ………..Complainant.

                                                Vs.

Ansal Properties & Infrastructure Ltd. Registered office 115, Ansal Bhawan, 16 Kasturba Gandhi Marg, New Delhi through its Director/CMD.

                                                                                                …….Opposite party.

COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT,2019.

BEFORE:      SH.NAGENDER SINGH KADIAN, PRESIDENT.

                        DR. TRIPTI PANNU, MEMBER.

                        DR.VIJENDER SINGH, MEMBER.

Present:          Sh. Yogender Singh, Advocate for complainant.

Sh. Rakesh Malik, Advocate for the opposite party.

                                                ORDER

VIJENDER SINGH, MEMBER:

1.                     Through this complaint, the complainant has demanded an amount of Rs.3290/- deposited by him with the opposite party for booking of a plot  through demand draft no.953316 on 30.07.2008. On the other hand, opposite party filed an application under section  24A of the consumer Protection Act, 1986 read with section  3 of the Limitation  Act 1963 for dismissal of the complaint on the ground of limitation. It is submitted that the complainant applied for booking of plot through DD dated 30.07.2008 and the same was rejected. Hence the complaint is time barred and not maintainable.

2.                     After going through the file and hearing the parties it is observed that the application for dismissal of the complaint on the ground of limitation was filed by ld. counsel for the opposite party on 25.11.2022 and several opportunities have been granted to the complainant for filing the reply of this application but till date reply has not been filed. Application dated 25.11.2022, complaint as well as the documents placed on record by the complainant have been perused. The amount of Rs.3290/- was deposited by the complainant in the year 2008 and application for refund of the said amount was sent by the complainant through registered post on 05.04.2011. After that no correspondence has been effected between the parties. The cause of action has arisen in the year 2011 and the present complaint has been filed  in the year 2022 i.e. after 11 years. Hence the present complaint is highly time barred. As such the application  dated 25.11.2022 is allowed and the present complaint is hereby dismissed accordingly. There is no order as to costs.

7.                    Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.

Announced in open court:

09.08.2023

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                                                                        Nagender Singh Kadian, President

                                                                        ………………………………..

                                                                        Tripti Pannu, Member.

                                                                        ………………………………..

                                                                        Vijender Singh, Member.