ANSAL MITTAL TOWNSHIP P LTD Vs. RAJINDER KUMAR

JUDGEMENT

(1.) In this revision petition, under Article 227 of the Constitution of India interesting question arises for determination:-

(2.) Predecessor of the plaintiff purchased a plot from the defendantpetitioner measuring 300 square yards. Plaintiff, thereafter, stepped into the shoes of the original allottee vide transfer letter dated 18.02.2008. Plaintiff, thereafter, appears to have paid certain amount towards price of the plot. Certain amount was further demanded on account of laying of the road etc., which was paid by the plaintiff from time to time and last payment was made on 22.05.2009. Plaintiff filed a complaint under Section 12 of the 1986 Act claiming that he is entitled to refund of the interest of Rs.38,387/- along with interest admissible at the market rate on the amount of Rs.1,84,786/- which was received maturely.

(3.) Consumer complaint under the 1986 Act was filed on 26.03.2012. The consumer complaint was contested. Apart from other grounds, it was pleaded that the complaint is barred by limitation. The District Consumer Disputes Redressal Forum, Bathinda, dismissed the complaint vide order dated 25.07.2012 on the ground that the consumer complaint is beyond limitation.