Per Shri P.N. Kashalkar, Hon’ble Presiding Judicial Member
This is an appeal filed by Chairman of the complainant/Society against M/s.Shreyash Enterprises/builder-developer, Kulgaon, Badlapur. Society had filed complaint alleging some defects and deficiencies on the part of builder-developer. The complainant came to be dismissed by the judgement and order dated 19/10/2002 by District Consumer Disputes Redressal Forum, Thane in consumer complaint No.565/2000. Against the dismissal, the Society has filed this appeal.
The complainant was primary dismissed on the ground that cause of action for filing of the complaint arose to the Society in 1993 because possession of the flats were taken in 1993 whereas the complaint came to be filed in 2000. It is true that the complaint is required to be filed within two years from the date of accrual of cause of action. The possession was taken by the complainant/Society way back in 1993 and under Section 24-A of the Consumer Protection Act, 1986, complaint should have been filed by the complainant/Society in any case in the year 1995, but it came to be filed as late as in 2000. The complaint itself was barred by limitation in view of Section 24-A of Consumer Protection Act, 1986. We are finding that the dismissal of the complaint on this ground (i.e. barred by limitation) is appearing to be proper and there is no merit in the complaint.
Moreover, the District Consumer Disputes Redressal Forum also noted in its order that the complainant/Society has not filed any condonation of delay application along with complaint. If there would have been delay condonation application, the delay could have been condoned subject to sufficient cause mentioned therein. No such attempt or endeavour was made by the complainant while filing complaint and therefore, the District Consumer Disputes Redressal Forum rightly dismissed the complaint having been barred by limitation. Said order of dismissal is appearing to be just and proper and therefore, at the stage of admission itself, we are inclined to dismiss the appeal. Hence, we pass the following order :-
-: ORDER :-
1. Appeal stands summarily rejected.
2. No order as to costs.
3. Copies of the order be furnished to the parties.
Pronounced
Dated 4th July 2011.
