HON’BLE MR.JUSTICE ISHAN CHANDRA DAS,PRESIDENT

       This Interlocutory Application has been filed on behalf of the OP no. 1, Riverbank Developers Pvt. Ltd. questioning maintainability of the complaint case, which is duly opposed by Ld. Counsel for the complainant. In the said Interlocutory Application, being IA/1043/2019, the OP no. 1 categorically stated in paragraph 4 of the said Interlocutory Application that the cause of action of the instant case arose on 23-08-2014 when the OP/Developer cancelled the allotment of apartment but the instant complaint case was filed in 2019 i.e. after a lapse of five years. Drawing our attention to the provisions of section 24A of the Consumer Protection Act 1986, he urged that the District Forum, the State Commission or the National Commission cannot admit a complaint unless it is filed within two years from the date on which the cause of action arose. Undoubtedly the petition of complaint has to be filed within the period of two years from the date of its cause of action, but when the complainant is praying for a direction upon the OPs to allot an apartment in his favour and to hand over possession of the same as well as to register a deed of conveyance in his favour on receiving balance consideration, it would mean that there was a mixed question of law and fact which has to be ascertained after conclusion of trial. Mere fact that the complainant came to take recourse of this Commission after a lapse of two years is not the bar to entertain his petition of complaint on the ground of limitation alone and it would be proper to dispose of the complaint case upon merit and the issue of maintainability is also left open for decision which shall be decided along with the conclusion of trial. Hence we dispose of the Interlocutory Application accordingly. We do not pass any order as to costs. To 04/05/2020 for filing questionnaire on affidavit  by OP No. 1. The case shall proceed exparte against the OP no. 2.