ORDER ON ADMISSION

1)     Heard learned advocate for the complainant regarding admission of the complaint.  Perused the documents produced by the complainant.

2)     It is the case of the complainant that she purchased the 3038 HIG–I measuring 12 X 12 i.e. 216 square meter from the Ops  for the consideration of Rs. 8,13,758/- and the said amount is to paid to the Ops instalments amount of Rs. 1,65,68/- on 10-03-2013, 30-04-2013, 30-05-2013 and 30-06-2013. The complainant has paid the entire amount as per agreement for the year 2013, but the Ops are not ready to get the sale deed executed to till this days. The complainant after making payment in the year 2013 asked Ops to execute the sale deed. But the said Ops postponing same for one are other reasons. The Ops allotted the plot, but failed to execute the sale deed even the amount has been received by the long back in the year 2013. Therefore, the complainant filed this complaint against Ops with prayer to direct the Ops execute the sale deed in respect of the above said site.

3)     We have gone through the case papers documents produced by the complainant.

4)     The complainant filed application for the year 2012 and according to the complainant she made entire payment of the amount in 2013 and since from 2013 the Ops are not executing sale deed in respect of the purchased site in spite of payment of money 2013.

5)     According to the complaint the cause of action arose on 24-04-2013 as stated in the para No:7 of the complaint.

6)     It is pertinent to note that the complainant purchased site, documents are all pertaining to 2012-2013 the complainant was expected to file the complaint within two years from the date of accrual cause of action, looking to the case papers it appears to be that actual cause of action to the complainant arose in 2013 when she paid the entire amount. But from 2013 to this day there is no correspondence in between the complainant and Ops in respect of the execution of the sale deed, further the complainant was expected to file complaint within two years from the date of action, but the same was done by the complainant. The section 69 asserts on the Limitation period as follows.

(1) 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 arises.

(2)  Notwithstanding anything contained in sub-section (1), a complaint may be entertained after the period specified in sub-section (1), if the complaint satisfied 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;

Provided that no such complaint shall be entertained unless the District Commission or the State Commission or the National Commission, as the case may be, records its reasons for condoning such delay.

  The said complainant has not filed the complaint well within two years from the date of accrual of the cause of action and further the said complainant also did not take any pain to file separate application for condonation of delay. The said complaint is not maintainable since it is barred by limitation as per Sec. 69 of C.P. Act, 2019 which provides that complaint has to be filed within two years from the date of on which the cause of action arises. Hence, we pass the following:

O R D E R

Complaint is rejected as barred by limitation.