Hon’ble Mr. Ajeya Matilal, Presiding Member

          Ld. Advocates for both sides are present.     

IA/164/2023 filed by the OP is taken up for hearing.

          In the instant application, the OP states that in spite of having an Arbitration clause in the Agreement, the Complainant prefers this Forum for redressal of his grievance. The second contention is that the complaint has been filed beyond the period of limitation. It is submitted by the OP that the flat was registered in 2016, but the case was filed beyond the period of limitation. So, the OP prays for dismissal of the case on the ground of maintainability.

          In reply, the Complainant submitted that alleging some defects in construction, the Complainant made allegation against the construction of flat, because bad materials were used vide letter dt.20.03.2018 and thereafter he made a complaint before the Assistant Director, Central Consumers Redressal Cell regarding the fact on 08.01.2019. The Sale Deed of Conveyance has been executed on 30.03.2016.

          Now, although there is an Arbitration clause in the Agreement for Sale, but it will not debar the Complainant from filing the same before this Forum. But as the Sale Deed was executed on 30.03.2016 and the case was filed on January 2020, so it goes without saying that the case has been filed beyond the period of limitation or prescribed in the statue. Although some correspondence was made on 20.03.2018 by the Complainant with the Opposite Party.

          So, considering the aforesaid fact, IA/164/2023 is allowed and the case is dismissed being non maintainable and the other IA being No. IA/204/2022 is also rejected and disposed of, because the case is not maintainable.

          However, there shall be no order as to the costs.