MS. NIPUR CHANDNA, MEMBER
ORDER
04.12.2023
A complaint under Section 34 of Consumer Protection Act filed. In brief the facts are that the complainant earlier booked in the project of OP-3 namely Jaypee Sports Yamuna Expressway on 15.03.2023 and paid a total sum of Rs. 759732/- against the booking. After negotiation the settlement deed/MOU was finalized between the complainant and OP-3 out of court and in terms of this settlement complainant withdraw vide order dated 10.10.2017 the complaint bearing no. 4/2017 titled as Sunil kumar Wadhwa Vs. Jaypee Sports Inter Ltd. & Anr.
It is further alleged by the complainant that as per the settlement OP-3 transferred a sum of Rs. 949665/- to OP-1. The OP-1 booked a unit in the project Aero Suit, Safari Studio, U.P. The complainant further paid a sum of Rs. 2 lakh to OP-1 which was duly encashed by OP-1 on 29.08.2017. In total the complainant paid a sum of Rs. 1149665/- against the unit to OP-1.
In the month of August, 2018 the complainant received a letter from OP-1 thereby asking the complainant to further deposited a sum of Rs. 16,43,360/- against the booked unit. It is further alleged by the complainant that OP arbitrarily raised a further demand of Rs. 16,43,360/- despite receiving sum of Rs. 11,49,665/- already from the complainant. The complainant various representation to OP-1 to consider his request but all in vain. Being aggrieved by the conduct of OP complainant approached this Commission for redressal of his grievance.
We have heard the argument advance at the bar on behalf of complainant regarding the admissibility of the complaint as well as on the issue of limitation.
Perusal of the record shows that the complainant booked the unit with OP-1 after getting transferred sum of Rs. 9,49,665/- from OP-3. The complainant further deposited a sum of Rs. 2 lakh with OP-1 on 29.08.2017. Thereafter, the complainant received a demand note from OP-1 there by asking him to deposit a further sum of Rs. 16,43,360/- against the unit in question. The complainant has challenging the demand raised by OP vide letter dated 02.08.2018 before this Commission alleging to be unfair and unjustified.
Admittedly, the complainant approached this Commission and filed the present complaint on 03.10.2023
Let us peruse the relevant provision in respect of limitation provided under Consumer Protection Act, 2019.
As per section 69 of Consumer Protection Act, 2019: -
- The District Forum, 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.
- Notwithstanding anything contained in subsection (1). A complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Forum, the state commission or the National Comission , as the case may be, that he had sufficient cause for not filing the complaint within such period: provided that no such complaint shall be entertained unless the National Commission , the State Commission, as the case may be records its reason form condoning such delay.
A perusal of the aforesaid statutory position reflects that the complaint should be preferred within a period of two years of the accrual of cause of action.
On perusal of record before us, we found that the cause of action for filing the present complaint arose on 02.08.2018. The complainant ought to have file the present complaint within two years of the accrual of cause of action but the complainant failed to do so. Hence, we are of the considered view that substantive cause of action for filing the present complaint arose on 02.08.2018 and the complainant has filed the present complaint on 03.10.2023 i.e after 5 years and 02 months of the accrual of the cause of action.
In view of the above discussion we are of the considered view that the present complaint is barred by limitation. Hence, dismissed.
File be consigned to record room.
Sanjay Kumar Nipur Chandna Rajesh
President Member Member
