IN THE MATTER OF

Praveen Kumar S/o Sri Vishnu Dayal Sharma R/o 763 Nehru Nagar Kasganj at present at 304, Hari Mohan Apartment, Avantika Phase II Ramghat Road,  Aligarh

                                                         V/s

1. The Chairman, Greater Noida Industrial Development Authority Plot no 1 , Sector Knowledge Park IV Greater Noida City, District Gautam Budh Nagar
2. The Chief Executive Officer, Greater Noida Industrial Development Authority Plot no 1 , Sector Knowledge Park IV Greater Noida City, District Gautam Budh Nagar

CORAM

 Present:                                   

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhayay, Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for:-

1. Ops be directed to execute the sale deed of plot in question in favor of complainant and deliver the physical possession of the same to the complainant or to refund the total amount deposed by the complainant together with compound interest at quarterly rest @ 20%.
2.  Ops be directed to pay the amount Rs.100000 for mental agony and pain.
3. Ops be directed to pay Rs.15000 for litigation expenses.

2. The Complainant has stated that ops allotted a residential plot no Alfa 01 -1911 under the residential scheme named Alfa 01 having plot code 02 vide letter dated 14.10.1993 for the total cost Rs.51000. Complainant made the payment of cost of the flat on installment basis as per direction of the ops in total 9  quarterly installments by the date 14.7.1994. Complainant paid the five installments total amount Rs.32465 including interest Rs.4415 by the date 10.10.1993 and the amount Rs.4415 was charged by the ops under pressure as interest and the complainant filed complaint case for refund of the said amount before the District Consumer Forum, Etah. In the complaint case judgment was passed on 10.11.1995 whereby the ops were directed to refund the deposited amount. The predecessor  of the ops preferred appeal against the said judgment before the Hon’ble State Commission, UP. Complainant has filed the application before the State Commission that he did not want to take said amount and the said appeal was decided on 9.9.1998. Complainant requested the ops to execute the sale deed/ lease deed and to deliver the possession of flat to the complainant but ops have failed to deliver the possession of the flat. Complainant has paid  the entire payment of the cost of the plot but the ops have not delivered the physical possession of the plot and illegally demanded the amount Rs.1330730.09 vide letter dated 8.3.2022. Complainant sent a notice date 16.11.2022 to the ops   calling upon them to execute the sale deed of the plot and to deliver the physical possession of the same.       
3. Ops submitted in reply that the complainant was allotted a residential plot no Alfa 01 1911 and allotment letter dated 18.8.1993 was issued. After that the ops allowed the complainant to pay allotment money in installments with 20% annual quarterly compoundable interest. Hon’ble State Commission denied the claim Rs.4415 in Appeal There was dispute of payment and therefore execution of sale deed and delivery of possession delayed. Ops never demanded illegal amount Rs.1330730.09 but instead of this it is the actual amount of last installment along with interest over the amount. Compliant is time barred and be dismissed instantly.             
4. Complainant has filed his affidavit and papers in support of his pleadings. Op has also filed affidavit in support of his pleadings.
5. We have perused the material available on record and heard the parties counsel.
6. The first question of consideration before us is whether the complainant is entitled to any relief?
7. As per application 38 (3) (a) of the Act, 2019, the WS  filed by Ops  beyond the period of 45 days is not admissible and the defense taken by the ops cannot be taken into consideration but the complainant has to prove the filing of the complaint within the statutory period of limitation. As per provisions of section 69(1) of Act,2019, complaint is to be filed within two years from the date of arising the cause of action for filing the complaint and the delay in filing the complaint may be condoned U/s 69(2) of the Act,2019 on raising sufficient grounds by the complainant for condonation of delay. As per allegations made in the complaint, ops allotted the plot in question to the complainant on 18.8.1993 for total consideration Rs.51000 and the same amount was paid  by the date 14.7.1994. On failure to execute and register the sale deed and deliver the possession of flat, the cause of action for filing the complainant arose on 14.7.1994 and complaint was to be filed by the date 14.7.1996 in view of provisions of section 69(1) of the Act,2019, but the complaint has been filed in the year 2023 and no grounds for condonation of  delay u/s 69(2) of the Act2019 has been stated. Thus the complaint has not been filed within the period of limitation and is time barred. Complainant has stated about the proceedings of the complaint case no 343/1993 filed by the complainant before the District Consumer Forum Etah for refund of the interest amount Rs.4415 and the judgment was given by Consumer forum on 10.11.1195. The Appeal preferred against the said judgment was dismissed on 9.9.1998 by Hon’ble State Commission UP but this case has no relevancy with the execution of sale deed and delivery of possession of the flat in question. It has no bearing on the point of limitation. Complainant has also stated the communications with the ops and as per last communications the complainant had to pay amount Rs.1330730.09 by the date 8.3.222 but this period has also no bearing on the point of limitation. As the limitation is governed by the statute and no private conversation can extend the period of limitation. Thus the compliant is time barred and is liable to be dismissed.                                       
8. The question formulated above is decided against the complainant.
9. We hereby dismissed complaint.   
10. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
11. File be consigned to record room along with a copy of this judgment.