2. Vadlamudi Nagendram,

    S/o. Kotaiah,

    Door No.3-28-18/93,

    Rajendra Nagar, Guntur.

                                                                      … Opposite Parties

        This complaint coming up before us for final hearing on                      06-04-11 in the presence of Sri G.Padmavalli, Advocate for complainants and of Sri Y.Rama Seshaiah, Advocate for opposite parties, upon perusing the material on record, hearing both sides and having stood over till this day for consideration, this Forum made the following: 

O R D E R

PER SMT.T.SUNEETHA, LADY MEMBER:

                    This complaint is filed under section 12 of the Consumer Protection Act, 1986 by the complainants seeking directions on opposite parties to arrange car parking and to award Rs.37,000/- towards compensation and costs.

The averments of complaint in brief are as follows:

                The complainants purchased the complaint scheduled flat from the opposite parties by paying an amount of Rs.6,90,000/- and registered on 30-07-07.  The complainant purchased the flat along with car parking area and paid the amount towards car parking area also but till date the opposite parties did not arrange car parking area for the complaint scheduled property of complainants.  The complainants number of times approached the opposite parties personally and requested them to arrange car parking area for the said property as it is mentioned by them in the sale deed. 

                The complainants got issued a legal notice to opposite parties dt.26-04-10.  The opposite parties received the same and had send reply notice through their counsel to send copy of sale deed for perusal.  The complainants have sent the sale deed to their counsel.  But there was no reply from opposite parties even after receiving the said sale deed.  The opposite parties are intentionally avoiding to provide the car parking facility to the complainants due to which, the complainants are suffering mental agony and financial loss.  Hence, the complaint.       

The opposite parties filed their version, which is brief as follows:

                   The opposite parties have constructed the scheduled apartment in the year 2007 and delivered possession of flats and have complied all the recitals of sale deed in respect of subject schedule flat by the time of delivering possession of flat itself.  The complainants never questioned or asked about the providing of car parking area for all these years since they are not having any right to ask separating car parking area as they did not pay any amount to the opposite parties for such provision.  

                The opposite parties have already left sufficient space all around the subject apartment for parking the cars, who are not having separate car parking area and the same is known to the complainants. The opposite parties already provided car parking separately to the owners, who paid the amount for separate car parking.  Since the complainants have not paid any amount for providing separate car parking area and there is no recital and the sale deed of the complainants for allotment of separate car parking to them, the complainant is not entitled for any compensation or costs. As there is no deficiency of service on the part of opposite parties, the complaint is liable to be dismissed.    

                    Both parties have filed their respective affidavits.  Ex.A1   to A4 are marked on behalf of complainant. No documents are marked on behalf of opposite parties.

Now the points that are to be determined are:

1. Whether the complaint is barred by limitation?
2. Whether there is any deficiency of service on the part of opposite parties?
3. To what relief the complainant is entitled to?

POINT No.1

                    The complainant purchased the said property and got registered on 30-07-07 and issued legal notice to the opposite parties on 26-04-10 raising the issue of car parking area.  The complaint is filed in the Forum on 24-06-10.  The time limitation to raise the complaint in the Forum according to Consumer Protection Act is within 2 years from the date of cause of action.  In this case the time limitation is completed by 30-07-09.   The complainants have taken almost 9 months time to issue notice to opposite parties and 11 months time to file complaint before the Forum.

                Recently on 17-02-11, the National Commission in case between Ishwarlal Amarnami Vs. M/s.Hero Puch and others, 2011 (1) CPR 393 (NC) held that Section 24A of the Consumer Protection Act is the legislative madate to the Consumer Fora not to admit a complaint unless it is within 2 years from the date on which the cause of action has arisen except when the complaint satisfied the Forum that there is was sufficient cause for not filing complaint within time. 

                Section 24A further states that the Consumer Fora will be committing an illegality if they entertain a complaint beyond the period of two years. 

                In the present case no application to condone the delay has been filed by the complainant.       

                In view of the above order delivered by the National Commission and facts of the case, the complaint is barred by limitation.  The point is answered accordingly against the complainant.  

POINT No.2

                As the complaint is barred by limitation, there is no question of deficiency of service.  Therefore, this point is answered against the complainant.  

POINT No.3

                In the result, the complaint is dismissed without costs.

Typed to my dictation by the Junior Steno, corrected by us and pronounced in the open Forum, this the 19^th day of April, 2011.

            Sd/-XXX                      Sd/-XXX                            Sd/-XXX

          MEMBER                               MEMBER                            PRESIDENT

APPENDIX OF EVIDENCE

                                        DOCUMENTS MARKED

For Complainant:

For Opposite Parties:    NIL                                                                         

                                                                                                                   PRESIDENT