DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C.C. No. 23/2024      

P R E S E N T                :- Sri Daman Prosad Biswas………President.

                                       :- Sri.  Abhijit Basu………………. Member.

Order No.01

Dated.06.02.2024

Today is fixed for admission hearing. Ld. Advocate for the Complainant is present. Case is taken up for admission hearing. Heard Ld. Advocate for the Complainant. Perused the petition of complaint and copy of documents.

Complainant alleged that he entered into an agreement with the O.Ps on 09/05/2001 for purchase of a flat valued at Rs. 3,30,000/-. He paid the entire amount but till date O.P No. 1-3 not yet executed the sale-deed. O.Ps refused to execute the sale-deed on 05/01/2024.

Perused the documents filed by the Complainant. We find that deed of agreement executed on 17/06/2001. Ld. Advocate for the Complainant produced money receipt dated 17/06/2001 and 19/06/2001 and submitted before this Commission that these two payments are last payments.

Complainant stated in the petition that cause of action has arisen on 17/06/2001 i.e. on the date of agreement and lastly on 05/01/2024.

Complainant failed to produce any document after 17/06/2001. As per record Complainant was silent from 17/06/2001 to till date. He failed to produce any document in support of the fact that cause of action is continuing since 17/06/2001 to till date.

In this context we have carefully gone through the decision of Hon’ble N.C.D.R.C reported in III (2006) CPJ 136 NC. We find that Hon’ble N.C.D.R.C held:-

                    “On our specific query, not even a piece of evidence has been led before us to show that he has been exchanging correspondence with the respondent on the point at issue.  In fact we see nothing on record as to what transpired between 1992 and 1999 when the complaint was filed? Law provides a limitation of 02 years from the date of Cause of Action. We are inclined to give some leeway to the consumer provided he is able to satisfy us that he had been guarding his interest. In this case, no such document or any other evidence has been produced before us. Hence, we see no merit as far as this plea is concerned and complaint is clearly barred by limitation as rightly held by the State Commission.”

          In the present case, Complainant failed to show that he has been exchanging correspondence with the respondents on the point at issue. There is nothing on the record as to what transpired between 2001 and 2024.

Contd. To Page No. 2 . . . ./

: :  2  : :

C.C. No. 23/2024

          Having regard to the aforesaid discussion and in view of aforesaid decision we are of the firm view that it is not a case where we can say that cause of action is continuing since 2001 to till date. Accordingly, we find that the present case is barred by limitation of 2 years as embodied in the Consumer Protection Act, 2019.

          Hence,

                             It is,

                                                Ordered,

          That the present case be and the same vide no. C.C./23/2024 is dismissed being not admitted.

 Case is thus disposed of.

                          Member                            President