LAWS(NCD)-2018-10-62

MANORANJAN SINGH KANAK Vs. BABA BUILDERS & ANR THROUGH ITS PARTNERS, SAMPADA KSHATRIYA AND PRAVESH BAVEJA

Decided On October 23, 2018
Manoranjan Singh Kanak Appellant
V/S
Baba Builders And Anr Through Its Partners, Sampada Kshatriya And Pravesh Baveja Respondents

JUDGEMENT

(1.) This appeal has been filed by the appellant Shri Manoranjan Singh Kanak against the order dated 23.12.2016 of the State Consumer Disputes Redressal Commission, Rajasthan, (in short 'the State Commission') passed in complaint No.129/2016, wherein the consumer complaint filed by the appellant has been dismissed mainly on the ground of limitation.

(2.) Heard the learned counsel for the appellant at the admission stage. Learned counsel for the appellant stated that the State Commission has dismissed the complaint filed by the complainant on the ground of limitation. Learned counsel stated that the agreement was signed on 28.3.2013 and registry of the said flat was effected on 04.6.2013 and the possession was also taken. The complaint has been filed in the year 2016. The State Commission has observed that the complaint has been filed beyond the period of limitation of two years and therefore, the complaint was not maintainable.

(3.) Learned counsel for the appellant stated that the State Commission has erroneously dismissed the complaint of the appellant at the very outset on the basis of lack of cause of action and on the ground of limitation.