Complainant : In person
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Per :- Mr. J. L. Deshpande, President Place : Bandra
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::::: JUDGMENT :::::
Facts giving rise to this complaint may be stated, in brief, as follows :
The Complainant has filed the complaint against the Builder as well as against the Co-operative Housing Society of which the Complainant is a member. The Complainant has alleged that the Opposite parties have committed several financial irregularities and the Opposite party no.1-Builder has committed breach of obligations under MOFA (Maharasthra Ownership of Flats Act, 1963).
2 Paragraph nos.1, 2 and 3 of the complaint pertains to Criminal Case filed by the Complainant against the Opposite party no.1-Builder and Officer Bearers of the Society. That Criminal case ended into acquittal and the Complainant had preferred Appeal before Hon’ble Bombay High Court under section-378(4) of Cr.P.C.(Appeal No.2486 of 2010) but he withdrew the Appeal with a liberty to file appropriate proceeding.
3 Paragraph no.4 of the complaint gives names of the partners of the Opposite party no.1-Builder-Firm. Paragraph no.5 pertains to description of the Society and paragraph no.6 refers to names of then adhoc committee of the Society. Paragraph no.7 of the complaint is mentioned agreement, dated, 19.10.2011 with the Builder. Paragraph no.8 of the complaint refers to collusion between the Builder and the Members of the adhoc committee. Paragraph no.9 of the complaint in specific terms alleges particular amount were collected by policy under different Head. Those amounts were allegedly collected in the year, 1999, 2000, 2002 and 2004. The complaint came to be filed in the year 2011. Thus the compliant is time barred vis-à-vis those allegations in paragraph no.10 of the complaint. Again there are allegations about financial mismanagement by adhoc committee but those transactions pertained to year 2000, again the claim on that point is time barred. In paragraph no.11 of the complaint, there are allegations about payment of water charges expenses but those were incurred in the year 2002-2003. Again the complaint on that issue is time barred. Paragraph no.11 of the complaint pertains to collection of Society Formation Charges by the Builder. The allegations are not specific it is not alleged that particular amount was paid by the Complainant to the Builder or to the Society and he is entitled to refund of the same. Moreover the said transactions had taken place in the year, 2002. Thus, it is time barred.
4 We have also gone through rest of the allegations in the complaint. They are vague and without particulars. Moreover they pertain to the year 2002, 2003 and 2004. The complaint with regard to those allegations is time barred because according to the section-24(A) of Consumer Protection Act, 1986, the complaint before Consumer Forum should be filed within two years from accrual of cause of action.
In view of the above, we proceed to pass the following order.
::::: ORDER :::::
(1) Complaint is not admitted and it is rejected under section-12(3) of Consumer Protection Act, 1986.
(2) Copy of the order to be furnished to the Complainant, only.
