HARMINDER KAUR Vs. V K TOWERS

JUDGEMENT

(1.) The complaint of the appellant seeking refund of Rs.17,391/- paid towards booking of shop to be constructed and allotted by the respondent on 25.2.1983 was dismissed. Feeling aggrieved, the appellant has preferred this appeal. The complaint of the appellant was dismissed solely on the ground of being time-barred.

(2.) Admittedly an amount of Rs.17,391/- was received by the respondent vide receipt No.551 dated 25.2.1983. Originally the cost of the shop was 40,000/- but since it could not be constructed till 1994 the cost was increased to more than Rs.1 lac. However, in the meantime the respondent company engaged the services of Pushpa Builders and vide letter dated 2.6.1988 Pushpa Builders informed the appellant that if she wanted to continue with the option of having booked the space she should enter into an agreement with them. The amount deposited by the appellant with the respondent V. K. Towers was not refunded by Pushpa Builders in spite of appellant's persistent requests. The appellant had been writing to the respondent for six long years and after having exasperated the appellant filed the instant complaint before the District Forum.

(3.) Rights of consumers are paramount and cannot be scuttled merely on the ground that the cause of action arose only on 2.6.1988 when Pushpa Builders informed the appellant that if she wanted to continue the booking of the shop she should enter into a fresh agreement with them. Since the respondent had engaged the services of Pushpa Builders as builders, the liability for refund of the amount was that of the respondent as the money was received by the respondent against booking of the shop. The cause of action last arose when the appellant sent a communication in the year 1994 and not in the year 1988 when the Pushpa Builders with whom the appellant did not have any privity of contract informed the appellant for entering into fresh agreement with Pushpa Builders.