MS. NIPUR CHANDNA, MEMBER

ORDER

07.06.2024

1.         The complainant has filed the present complaint with the prayer of refund of the deposited amount of Rs. 23,61,248/- along with interest @18% p.a from the date of deposit till the date of realization to the complainant. Beside this complainant has prayed for sum of Rs. 10 Lakhs on account of compensation and Rs. 2 Lakh for litigation expenses. In brief the facts of the complaint are that OP1 & 2 in collusion with  each other fraudulently and wrongly took the hard earned money and life saving of the complainant on the terms and assurance that the possession of the unit would be given by 2017. It is stated that complainant paid Rs. 23,61,248/-  from 13.08.2014 to 22.08.2014 and photocopy of the receipts have been filed.

2.       The facts mentioned in the complaint clearly establish that complainant is seeking recovery of money deposited with OP1 & 2 in August, 2014. We have perused the record, there is no documents on record which shows that complainant protested at any point of time to the OP  in respect to the non handing of the possession even after the expiry of ten years of the agreement entered between the parties. The present case has been filed for recovery of amount paid by the complainant in pursuance to the agreement. In substance, the present case is of case of recovery of money and not in principle of consumer dispute.

3.         Admittedly, for recovery of money the limitation period in the Limitation Act is 3 years which seems to be lapsed. Now by filing present consumer complaint, the complainant has made an attempt to recover the amount of money from OP which is barred by time before the civil court.

4.         On the basis of above observation and discussion the complainant by filing the present case seeking the relief of recovery of money for which this commission is not empowered. It is also establish that the refund claim of the complainant is also not within the limitation  provided by section 69 of the CP Act, 2019, as the complainant had paid the last payment to the OP on 22.08.2014, hence, the substantive cause of action for filing the present complaint arose on 22.08.2014. The complainant ought to have file the present complaint within two years of the accrual of cause of action i.e. 22.08.2016. The complainant has filed the present complaint on 06.05.2024 i.e. after the delay of 06 years and 09 months, the present complaint is therefore barred by limitation, hence, dismissed.

            File be consigned to record room.

5.         Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving the application from the parties in the registry. Order be uploaded on www.confonet.nic.in.

Announced in open Commission on   07.06.2024.

Sanjay Kumar                    Nipur Chandna                               Rajesh

                 President                                Member                                     Member