Per Mr P N Kashalkar, Hon’ble Presiding Judicial Member
None is present for appellant. Adv. Mr V M Linge for the respondent is present.
1. This appeal is filed by the original complainant whose complaint was dismissed by the District Consumer Forum, Chandrapur by its order dtd.27.01.2009 in consumer complaint No.CC/08/105, on the point of limitation.
2. There was an agreement of sale between the complainant and o.p.. O.p. is in the business of real estate. His only business is of purchasing agriculture land, developing plots and selling it to needy persons.
3. Complainant approached the o.p. for purchase of plot. There was an agreement of sale between appellant and respondent. The agreement was executed on 08.04.2006 on which date the complainant paid Rs.10,000/- to the o.p. and executed Issarpatra (Agreement of Sale) in favour of complainant. As per the agreement the sale-deed was to be executed on or before 20.12.2006 on payment of remaining amount of Rs.24,000/- by complainant to o.p. However, the o.p. neither the execute the sale-deed nor refund the amount to the complainant. Therefore, within two years from the 20.12.2006 he filed the consumer complaint. It was the date on which o.p. should have executed the sale-deed in favour of the complainant after accepting the balance amount of Rs.24,000/-. If the sale-deed is not executed, o.p. was supposed to refund the amount on 20.12.2006. From that date within two years i.e. on 21.08.2008 the complainant has filed consumer complaint before the Forum for recovery of Rs.10,000/- with interest from the o.p.
4. The Forum below dismissed the complaint on the ground that the complaint is barred by limitation.
5. We are finding that the complaint is not barred by limitation. We are finding that the Forum below erred in holding the complaint as barred by limitation. On 20.12.2006 the respondent should have executed sale-deed by accepting the balance amount of Rs.24,000/- from the appellant or should have refunded the amount on the same date since the transaction could not be completed by logical end.
6. In the circumstances, the complaint filed by the complainant in the District Consumer Forum, Chandrapur was within limitation. As such this appeal will have to be allowed, set aside and quash the impugned order and remand the same to the Forum for its fresh disposal according to Law.
Hence, the following order:-
ORDER
1. Appeal is allowed. Impugned order dismissing the complaint is quashed and set aside.
2. The Consumer Complaint No. CC/08/105 is remitted back to the District Consumer Forum, Chandrapur for fresh trial.
3. After receipt of copy this order Forum shall issue notice to both the parties and then after hearing them Forum shall dispose off the complaint afresh in accordance with the Law.
4. Copies of this order be supplied to the parties as well as to the District Consumer Forum, Chandrapur.
Pronounced on 20.07.2011.
