JUSTICE DEEPA SHARMA (ORAL) The present Appeal, under Section 19 of the Consumer Protection Act, 1986 (for short “the Act’) has been filed against the order dated 17.10.2019 of the State Consumer Disputes Redressal Commission, Chandigarh, Punjab (for short “the State Commission”) in Complaint No.569 of 2019. 2. The Complaint was filed by the Complainant seeking refund of the deposited amount by him towards the construction of subject flat on the ground that the Respondent had failed to hand over the possession within the stipulated period. Notice of the Complaint was issued to the Respondent. Respondent filed their written version and took the plea that the date of execution of the Seller Buyer Agreement is dated 25.06.2017 wherein the Respondent -2- had promised to hand over the possession within 42 months and 6 months as the grace period and that period has not since expired and the Complaint was therefore premature and not maintainable. 3. Parties led their evidence before the State Commission. After hearing the arguments of learned counsel for the parties, the State Commission reached to the conclusion that the Complaint was premature since the date of agreement is 25.06.2017. 4. This order is impugned before us by the Complainant. It is argued that the fact that the Complainant had made the payment of 80% of the total cost of the construction, clearly shows that the allotment/agreement was executed prior to the date put by the Respondent on it i.e. 25.06.2017. It is also argued that the Complainant had received copy of the letter of allotment/builder buyer agreement dated 30.12.2014 with direction to sign each and every page of the said document and return it within the period of 15 days for necessary execution by the Respondent. It is argued that the Complainant immediately signed it and sent it to the Respondent. 5. We have given thoughtful consideration to these arguments and gone through the relevant records. The relevant document does not bear any date under the signature of the Complainant. Our attention is also not drawn to any document which could show as to on which date this document was either posted to the Respondent or handed over to the Respondent. No specific date on which the document was handed over to the Respondent after signing it, has been mentioned either in the Complaint or in the Appeal. Since as per the provisions of India Evidence Act, no oral testimony is admissible in the evidence against an executed -3- written document and it is the document itself which is the evidence about its execution, the date mentioned therein is the date on which the document can be considered to have been executed between the parties. Since the period of 42 months and 6 months as grace period since the date of signing of this document had not expired till the filing of the Complainant, it was premature on the part of the Complainant to ask for refund of the deposited amount since no ground for seeking such refund exited. There is no illegality or irregularity in the impugned order. The Appeal has no merits. The Appeal is dismissed in limine. | 
