CC/253 of 2023
Kulyash Rai Thaper Vs. Sahara City Homes etc.
Present: Sh. Anup Gautam, Adv Counsel for the Complainant.
1. This complaint presented before us for consideration on the point of admission of the complaint.
2. The complainant has filed the present complaint on the ground that M/s. Sahara City Homes Marketing and Sales Corporation, Command Office: Sahara India Bhawan, 1 Kapoorthala Complex, Lucknow-226024 i.e. OPs launched a project for construction of flats etc. and had assured the general public by serving notice/ advertisement in different newspaper and other platforms and invited the public to purchase/invest in flats etc. The complainant, who is permanent resident of Jalandhar, Punjab got allured by the said publication/advertisement.
3. That vide receipt No.10130722395, certificate/serial No.984000145697 dated 31st day of Decemember, 2004 the OPs booked an immovable property (Housing Unit), Location/Place: Chandigarh, Unit Type/House: 3 Bedroom, Unit area 116.11 Sq.Mt. under Sahara City Homes Scheme of Sahara India Commercial Corporation Ltd. And/or its business associate in favour of the complainant at consolidated rate of Rs.23.12,000/-. Out of it, the opposite parties received Rs.2,50,462/- from the complainant on different dates i.e. from 31.12.2004 to 30.03.2006. Despite receiving the above said amount etc. the opposite parties did not start the project and kept on lingering on the matter by assuring the complainant that the needful would be done soon.
The complainant has paid frequent visits to the office of the opposite parties. Further, the complainant suffered physical and mental agony due to the deficiency in service on the part of the OPs
and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to pay the amount of Rs.2,50,462/- along with the interest @ 18% per annum from the date of payment till filing of the complaint and further OPs be directed to pay a compensation for causing mental tension and harassment, to the tune of Rs.1,00,000/- and litigation expenses of Rs.25,000/-.
4. We have heard the learned counsel for the complainant on the point of admission of the instant complaint and also scanned the case file very minutely.
5. We find that the complainant alleged in the complaint that the complainant booked a flat for Rs.23,12,000/-. Out of it, OP received Rs.2,50,462/- from the complainant on different dates from 31.12.2004 to 30.03.2006 Ex.C-2 and Ex.C-3. The complainant has mentioned in his complaint that he visited the office of OPs many times, but he neither mentioned any dates nor attached any proof of his visit. The complainant has also not done any correspondance with the OPs after 30.03.2006. Thus, the complaint of the complainant is considered to be time barred because the complainant had right to file the complaint within two years as per Consumer Protection Act.
6. From the above detailed discussion, we find that the complaint of the complainant is not maintainable for the reason recorded above, therefore the same is dismissed. Copy of the order be supplied to the complainant free of cost, as per Rules. File be consigned to the record room.
Jaswant Singh Dhillon Jyotsna Dr. Harveen Bhardwaj
Member Member President/12.07.2023
