ORDER

09.02.2024

1. In brief facts of the present case are that complainant booked two bed room apartment of 1205 sqft. Of Manbhawan category in Shree Ji Niketan Welfare Society and also becomes a member with membership no, 043 on 07.07.2014. It is stated that OP agreed to give the possession of the apartment around 2018. It is further stated that complainant paid Rs. 5,74,575/- in 2013 and Rs. 60,250/- in 2015. The complainant also paid Rs. 2,02220/- vide cheque no, 541851 dated 30.03.2013, Rs. 1 Lakh cheque no. 727807 dated 13.05.2013, Rs. 1.50 Lakh cheque no. 541853 dated 13.05.2013, Rs. 1 Lakh cheque no. 727808 dated 21.06.2013, Rs. 22,335/- cheque no. 541855 dated 21.06.2013 and Rs. 60,250/- cheque no. 541864 dated 03.06.2015. In total Rs. 634825/- paid by complainant to OP.
2. It is stated that complainant did not receive possession despite several requests and representations and lastly on 04.03.2023. Thereafter, a legal notice dated 20.09.2023 also sent to OP but OP failed to deliver the possession of the flat, hence, present complaint filed for seeking direction against OP to deliver possession of the flat, to refund the Rs.6,34,825/- with interest of 18% P.A or any other order.
3. We have heard Sh. Mridul Gaur counsel for complainant for admission of the complaint and perused the record.
4. The complainant alleged that a two room apartment booked by complainant with OP, however, no document filed on record which prima facie establish that complainant booked a two room apartment. Further, no document filed on record. according to which the possession was agreed to be delivered around 2018. It is pertinent to mention here that complainant filed photocopy of membership receipt with OP of dated 07.07.2014, receipt dated 30.03.2013 which shows share money of 100, admission fee Rs, 2100/- and land money Rs. 2 Lakh, receipt land money dated 13.05.2013 shows land money Rs. 1 Lakh, a receipt dated 13.05.2013 shows land money Rs. 1.50 Lakh, receipt dated 21.06.2013 Rs. 1 Lakh of land money, receipt dated 21.06.2013 of Rs. 22,375/- of land money and Rs. 60,250/- as per details statement account of complainant.
5. We have also gone through photocopy booklet of OP which describe the scheme but where is no specific clause of booking of two room apartment by complainant and cost of the same. The document established that complainant become member of the OP society and paid membership fees and money for land. The complainant filed letter dated 04.03.2023 according to which he had resigned from the membership of the OP society. The document failed to establish that OP promises to allot two bedroom apartment to complainant by 2018 and complainant paid above said money for apartment. It is not out of place to mention that last payment made by complainant is on 03.06.2015 and present complaint filed on 24.01.2024 after about 8 and half years approximately.
6. Section 69 of Consumer Protection Act, 2019 provides period of limitation, according to which the complainant shall be file within two years from the date of cause of action arisen. In the present case the cause of action arisen on 03.06.2015 when complainant lastly paid Rs. 60,250/- to OP. The Ld. Counsel referred to the case of Sh. Satish Kumar Pandey Vs. Unitech Ltd. 2015 SCC online NCDRC-14. We have gone through the judgment which is distinguishable in the present fact and circumstances of the case.
7. On the basis of above observation and discussion the present complaint is barred by limitation and also does not constitute consumer dispute, hence, present complaint is dismissed. File be consigned to record room.
8. 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 an application from the parties in the registry. The orders be uploaded on www.confonet.nic.in.

Announced in open Commission on  09.02.2024.

SANJAY KUMAR                     NIPUR CHANDNA                       RAJESH

       PRESIDENT                             MEMBER                                MEMBER