SOUMEN ROY Vs. PLATINUM DEALER PRIVATE LIMITED

JUDGEMENT

(1.) Heard counsel for the appellants. The above appeal has been filed against the order of State Consumer Disputes Redressal Commission, West Bengal dtd. 2/5/2023 passed in CC/33/2023 whereby the complaint was dismissed as time barred. In the complaint following prayers have been made:-

(2.) So far as prayer for directing the opposite party to execute the registered deed of conveyance is concerned it is of the nature of continuing wrong as provided under Sec. 22 of Limitation Act, 1963. Supreme Court Samruddhi Co-Opeartive Housing Vs. Mumbai Mahalaxmi Construction 2022 SCC Online SC 35 held that in case of continuing the cause of action, the limitation is not started unless the right is denied by the opposite party. In view of the aforesaid discussions the order of the State Commission is liable to the set aside.