HON’BLE MR. JUSTICE ISHAN CHANDRA DAS, PRESIDENT

          This Interlocutory Application has been filed challenging maintainability of the Complaint Case on the ground that the Complaint Case was filed beyond the statutory period of limitation and the complainants would not be entitled to any relief since they did not explain the cause of delay by filing separate application to that effect.

          Heard ld.Counsel for the parties. Section 24A(1) of the Act clearly mandates that the District Forum, the State Commission or the National Commission would not admit a Complaint unless it is filed within two years from the date on which the cause of action has arisen. The complainants are praying for direction upon the OPs to hand over possession of the apartment at Hiland Greens in terms of allotment letter dated 1.3.2014 and to register the Deed of conveyance on receipt of the balance consideration. The averments of the petition of complaint clearly explain what prompted the Complainants to file the instant Complaint case on the strength of the cause of action which, according to the averments, was continuous due to the fact that the registration of the document and possession of the property was not given to the consumers/complainants. The Consumer court is established for the purpose of protecting the interest of the consumers and to save them from the clutches of the unscrupulous Traders/Developers and if the application being IA/1046/2019 is disposed of favourably on the strength of a simple unilateral document i.e. a cancellation letter for non-fulfilment of certain conditions, as stated therein, it would be against the spirit of the Statute. Whether the Consumers/Complainants would be entitled to the reliefs or not has to be considered upon consideration of the evidence produced in course of trial and at this stage, the prayer for dismissal of the Petition of complaint on the ground of maintainability cannot be said to be worthful.

          Hence we dismiss the prayer sought for by the OP NO.1 in the application under disposal. The order is passed accordingly. The I.A./1046/2019 is thus disposed of. To 13/1/2020 for filing evidence on affidavit by the Complainant.