ORDER

20.03.2024

Ms. Nipur Chandna, Member

1. In brief facts of the present case are that being influenced by the lucrative offer of the OP complainant booked plot with OP. It is further stated that the dealing between parties as purchaser and buyer was arrived at the residence of complainant i.e Rohini, Sec-8, Delhi-110085 and amount was paid by complainant through  cheque issued in favor of Mahalaxmi Infralands Pvt. Ltd. It is further stated that the complainant was allotted Plot No. C-43, admeasuring 150 sq. yards on dated 23.02.2013 in the project of Mahalaxmi Green Phase-I, located site at Jhilai Laxmipur Village, Near NH-12, Niwai, Rajasthan with the cost of Rs.332/- per sq. yard against the registration No.2117. It is stated that on dated 23.02.2013 ,the complainant paid the whole amount of Rs.49,800/- through cheque bearing no.000012, Bank of Baroda, Delhi-110085 on dated 23.02.2013 including internal development charges of Rs.99/- per sq. yards and external development charges of Rs.35/- per sq. yard.

2. It is further stated that a provisional allotment letter was issued and a agreement was made between parties at Delhi on dated 11.03.2013 for sale consideration but till date neither permanent/final allotment letter nor refusal letter was received from OP. It is further stated that complainant sent many reminder to OP and personally approached to OP on various occasions and also sent many letters to OP through speed post for handing over the possession of the plot,  but all in vain.
3. It is stated that vide letter dated 26.06.2013, the complainant has been informed by OP, that an execution of sale deed/registry process shall be done in two phases that in the first phase, OP shall submit the document for sale deed and in the second phase, OP will provide NOC for sale deed alongwith execution of sale deed for getting the sale deed executed. On receiving the above said letter, complainant submitted the required document i.e Aadhar card, Voter I card form (04), Passport Size color photographs personally in  the CO office on 01.08.2013. It is further stated that after all despite seven years have been passed, no sale deed has been executed as assured by OP.
4. According to the terms and conditions at sr.no.31 that the company shall endeavor to give possession of the residential plot within 24 months from the date of allotment i.e upto Feb, 2015, otherwise the OP shall refund the whole amount to the allottee alongwith interest of 12% P.A. Company has not  provided the same. It is an act of major deficiency and misappropriating on the part of OP.
5. It is stated that complainant approached to Delhi mediation center and date was fixed on 09.01.2020 for appearance of both parties. But OP did not appear before the mediation center, Delhi Govt. It is further stated that due to above said deficiencies OP have become liable to refund the amount which was paid by complainant, along with interest as well as compensation and litigation cost, hence, this complaint.
6. Notice of the complaint was sent to OP. Despite service none appeared on behalf of OP as such OP is ordered to be proceeded ex-parte vide order dated 10.06.2022.
7. Complainant filed his evidence by way of affidavit wherein he has corroborated the  contents of his complaint. Complainant has placed on record copy of payment receipt, copy of agreement dated 11.03.2013 along with terms and conditions, copy of letter dated 26.06.2013 issued by OP in respect to the execution of sale deed, copy of letters issued by complainant to OP along with copy of postal receipt, copy of application forwarded to mediation centre as well as the order of mediation centre in support of his contention.
8. We have heard the arguments advance at the bar by Sh. Prem Chand Mittal father of the complainant and have perused the record.

9.           It is submitted by father of the complainant that despite receiving the total cost of the plot in the year 2013 and executing the agreement on 11.03.2013 OP failed to handover the possession of the plot in question, hence, the cause of action is continuing one as such the present complaint case is well within limitation.

10.         Let us peruse the relevant provision in respect of limitation provided under Consumer Protection Act, 2019.

As per section 69 of Consumer Protection Act, 2019: -

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 subsection (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, as the case may be records its reason form condoning such delay.

11. A perusal of the aforesaid statutory position reflects that the complaint should be preferred within a period of two years of the accrual of cause of action.
12. Admittedly, complainant has booked plot bearing no. 43 in the upcoming project of OP on 23.02.2013. The agreement in respect to the plot was duly executed between the parties on 11.03.2013. As per the agreement OP assured the complainant for completion of the project till February, 2015. Vide letter dated 26.06.2013 OP offered the execution of the sale deed to the complainant subject to the completion of formalities till 10.08.2013. The complainant has placed on record copy of letter dated 01.08.2013 in respect to the submission of the documents to OP against the compliance of letter dated 26.06.2013. The copy of letter dated 01.08.2013 does not bear any receiving from the OP, no tracking report has been placed on record by the complainant to justify the contention that he had complied with direction of the OP and submitted the requisite documents.
13. As per the agreement dated 11.03.2013, OP assured the complainant that project in question will be completed till February, 2015. Admittedly, the OP allotted plot no. 43 to the complainant vide receipt dated 23.02.2013. hence, in our view the first cause of action for filing the present complaint arose vide receipt dated 23.02.2013 thereafter, the agreement was executed between the parties on 11.03.2013 whereby OP assured the complainant to deliver the possession of the plot in the month of February, 2015, hence, the substantive cause of action for filing the present complaint arose in the month of February, 2015. Complainant ought to have file the present complaint within 2 years of the accrual of cause of action i.e. February, 2017. The complainant approached this Commission and filed the present complaint on 04.08.2020 i.e. after 3 years and 6 months of the accrual of the substantive cause of action for filing the present complaint. The complainant ought to have file the present complaint within two years of the accrual of cause of action but the complainant failed to do so.
14. In view of the above discussion, we are of the considered opinion that substantive cause of action for filing the present complaint arose  in the month of February, 2017, the complainant ought to have file the present complaint within two year of the accrual of cause of action. The complainant has filed the present complaint on 04.08.2020 i.e. after 3 years and 6 months, the present complaint is therefore barred by limitation, hence, dismissed.
15. File be consigned to record room.
16. Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving an application from the parties in the registry. The orders be uploaded on www.confonet.nic.in.

Announced in open Commission on  20.03.2024.

SANJAY KUMAR                 NIPUR CHANDNA                      RAJESH

       PRESIDENT                             MEMBER                          MEMBER