O R D E R

SMT.PRATHIBHA. R.K., PRESIDENT

1) Complainant has filed this complaint U/s.35 of C.P Act 2019.  Complainant and the OPs entered into an agreement of sale dated 30.04.2003 in respect of Apartment No.05, 13^th Floor, C-Block, measuring 2958 square feet.  OPs have executed a sale deed in favour of complainant for the said Apartment on 01.08.2003 for consideration amount of Rs.22,11,100/-.  The said amount was collected as the flat cost, dual car parking space and terrace value.  Furthermore, the complainant paid an amount of Rs.4,25,632/- for government deposit, service and other facility charges which includes the lifetime maintenance deposit @ 70 per square feet which amounts to Rs.2,07,060/-. 

2) The complainant further alleged that till date OPs have not provided permanent connections like water, electricity, khata, occupancy certificate.  Further the OPs have not formed association and handover the management/administration of the building to the said association.  Complainant sought for the following prayers in the complaint.

a) To hold the OPs responsible for deficiency in service and unfair trade practice and to allow the complaint in full.

b) Direct the OPs to repair/fix and the below mentioned issues.

i) Facilitate with permanent connection for BWSSB and BESCOM connections for water and electricity.

ii) Obtain A Khata and also obtain occupancy certificate.

iii) Transfer the maintenance deposit and ensure the property is maintained properly.

iv) Ensure all the facilities promised such as proper car parking space, intercom connection, free membership to club houses, swimming pool, gymnasium is ensured to the complainant.

v) Ensure that complainant is not deprived of the possession/peaceful enjoyment of the terrace area measuring 1863 sq. ft.

vi) Ensure immediate repairs to stop rainwater entry, overflow from tank and leakage of water from the water tank in the support walls.  Get the interior paining of the flat appropriately redone spending and rectify water seepage and damage to the ceiling in bathrooms, living area and balconies.  Take action to install auto stop / prevent the overhead tank overflow and damaging terrace, flat and the structure of the building.  Also take action to rectify/replace the defective GI pipes.

vii) Direct the Opposite Parties to pay an amount of Rs.1,29,600/- towards excess billing of electricity, Rs.1,00,000/- towards cost of damages & frequent replacement of appliances due to non-supply of BWSSB potable water, Rs.1,50,000/- towards repair of leakages in the flat, damage to exterior wall, ceiling, terrace and repainting of the interior walls and ceiling of the flat.

c) Direct OPs to pay an amount of Rs.15,00,000/- as compensation for mental harassment and trauma caused to the Complainants for the facilities not provided, collection of inapplicable charges & harassment by Platinum City Residents Forum, non-maintenance of apartment and terrace area, etc., and mental agony and hardship caused.

d) Direct the Opposite Parties to reimburse costs of this proceeding and pay an amount of Rs.1,00,000/- as litigation costs.

e) Pass such other orders/relief, as this Hon’ble Commission deems fit and proper in the light of facts and circumstances of the case and in the interest of justice and equity.

3) Now the question before us whether the complaint filed by the complainant is within the period of limitation.  Admittedly OPs executed sale deed in favour of complainant dated 01.08.2003.  As per section 69 of C.P Act, 2019, the complaint should be file within two years from the date of cause of action.  In the instant case the cause of action arouse on 01.08.2003.  The complainant has not filed complaint within the limitation period specified under the C.P Act.  The complainant has come up with this complaint after lapse of 18 years.  Hence we come to conclusion that the complaint filed by the complainant is barred by limitation U/s.69 of C.P Act 2019.  Hence complaint filed by the complainant U/s.35 of C.P Act 2019 is hereby dismissed.  Accordingly we proceed to pass the following:

ORDER

The complaint filed by the complainant is dismissed on the ground of limitation.

MEMBER                        MEMBER             PRESIDENT