Dtd.31.08.2023                                            A/61/2020

O R D E R

        BY Mr.K.B.SANGANNANAVAR : Pri.Dist & Session Judge (R) - JUDICIAL MEMBER.

1.    This is an appeal filed U/s.15 of CPA 1986 by Complainant no.1 & 2/Appellants aggrieved by the order dtd.09.12.2019 passed in CC/172/2017 on the file of 1^st Addl., District Commission, Bengaluru Urban.  
2. The Commission examined grounds of appeal, impugned order, appeal papers and in particular contents of complaint. Further heard the learned counsels. (Parties in this appeal will be referred to as their rank assigned by the Commission below).
3. Complainant no.1 & 2 being husband and wife raised consumer complaint before the Commission below against OPs.1 & 2 U/s.12 of CPA 1986, alleging certain rendering deficiency in service against them in the matter of construction of agreement dtd.04.08.2012.
4. It would be appropriate to make mention of certain paragraphs from the complaint to understand the case to decide the appeal. In our view extract of   para 12 of the complaint would meet our purpose, wherein Complainant nos.1 & 2 have specified their case cause of action to raise consumer complaint arose on 05.08.2012 when the Complainants and OPs.1 & 2 have signed the Conditions of Contract, and on 27.04.2015 when the Complainants issued legal notice to the OPs which is continuous and within the jurisdiction of the Forum below. Learned counsel for Complainants submit that, complaint filed on 02.02.2017 and submits that even assuming that version of OP.2 could be believed that Complainant nos.1 & 2 have performed their house warming ceremony on 08.03.2014, fact remains 20% of the work agreed upon under agreement in question was pending and the Complainants have called upon OPs to complete the pending works through issuance of legal notice dtd.27.04.2015. In such circumstances, as these dates could be found prima faice found from the complaint and complaint papers, learned counsel is right in contending that complaint filed on 02.02.2017 was well within the period of   limitation as provided U/s.24A of CPA 1986, which was not noticed by the forum below resulting there by miscarriage of justice to the consumer. In other words the Forum below without examining all these vital aspects of the matter committed grave error in arriving at conclusion that complaint raised by Complainants on 02.02.2017 was filed beyond the period of limitation which has to be held not only contrary to the facts but law is liable to be set aside. Hence, proceed to allow the appeal. Consequently set aside the order dtd.09.12.2019 passed by 1^st Addl. District Commission, Bengaluru Urban District and the matter is remanded back to the Commission below to decide the case on merits affording opportunity to both parties as early  as possible not later than three months from the date of receipt of this order.
5. Notify copy of this Order to the District Commission and parties.

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