GURCHARAN SINGH MATTO Vs. RELIANT INFRASTRUCTURE PVT. LTD.

JUDGEMENT

(1.) The present Appeal has been filed by the Appellant / complainant challenging the order dtd. 1/6/2018 whereby her Appeal was dismissed in limine on the ground that it was barred by limitation.

(2.) The brief facts as stated in the complaint are that complainant had entered into an agreement with the respondent for purchase of an apartment and an apartment no. 203 on 2nd floor in Tower-E in the complex " World-I Sante Majra" located at District Mohali, Punjab was allotted to her. The complainant had stated that entire payment towards the purchase of said apartment has already been made. The contention raised in the complaint was that despite the fact that due date of delivery was 1/10/2009, the possession has not been handed over to her till the date of filing of the complaint and no occupation certificate has been obtained by the opposite party. It was also contended that she was unnecessarily made to pay maintenance charges for the said apartment. On these contentions, certain prayers had been made by the complainant.

(3.) The State Commission after hearing the arguments of the learned counsel for the complainant reached to the conclusion that complainant had placed on record possession letter dtd. 12/8/2015 and, therefore, this is the date on which cause of action to challenge alleged illegal act on the part of the respondent had arisen and since the complaint had been filed in the year 2018 i.e. beyond the period of limitation of 2 years, the complaint was not maintainable.