This complaint is filed by the Complainants u/S 35 of the Consumer Protection Act, 2019 alleging deficiency in service as well as unfair trade practice against the OPs as the OPs did not take any step to redress their grievance till filing of this complaint and for this reason they have prayed for refund along with cost and compensation payable by the OPs to them.

We have carefully perused the petition of complaint from where it is evident that the Complainants have purchased two flats namely B/2 and B/3.  The B/2 flat has already been registered in favour of the Complainants on 09.12.2015 and the B/3 flat was registered also on 09.12.2015. This complaint is filed on 08.10.2020, which reveals that after about five years from the date of execution of the Deed of Conveyance in their favour in respect of those flats, the Complainants have filed this complaint before this District Commission., which is not legally permitted in view of the Consumer Protection Act, 2019.

In the Section 69 (1) of the Consumer Protection Act, 2019 it is enumerated that ‘the District Commission, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen’. 

In the Section 69 (2) speaks that ‘Notwithstanding anything contained in sub-section (1), a complaint may be entertained after the period specified in the sub-section (1), if the Complainant satisfies the District Commission, The State Commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period.’

From the petition of complaint it is evident that after execution of the sale deed on 09.12.2015 the Complainant got possession in their flas. Then what prompted them not to approach before this Ld. District Commission within two years from the date of execution of the sale deed in case making any allegations. Obviously being satisfied sale deed was executed in their favour.  There is no averment that at the time of execution they raised objection.  Moreover this complaint is not accompanied with a separate petition praying for condonation of delay. On the date of execution of the sale deed cause of action arose, then it was the duty of the Complainants to approach before the Court of law by filing a complaint within the statutory period of limitation i.e. within two years from the date of cause of action. But without doing so, the Complainants have filed this complaint before this Ld. District Commission after long five  years from the date of cause of action without filing any separate petition praying for condonation of delay, which is totally contrary to the Consumer Protection Act, 2019.

Hence it is ordered that the Consumer Complaint being no-CC/258/2020 is hereby dismissed being barred by limitation and without being admitted. However the Complainants are at liberty to approach the competent Court/Commission in accordance with law, if not barred otherwise.

It is necessary to mention that as the Consumer Complaint has not been admitted, hence the Complainants are also at liberty to get return of the copy of the complaint and copies of the other related document from this Ld. District Commission by making a separate petition to the competent authority of this Commission. The competent authority is hereby directed to take necessary and immediate steps so that the Complainants can get return of the abovementioned documents and papers without any further delay in accordance with law.

Let a plain copy of this order be given to the parties free of cost as per the CPR.

Dictated and corrected by

Hon’ble Mr. Lakshmi Kanta Das