Chandigarh

StateCommission

CC/11/2016

Mrs. Neetu Sethia - Complainant(s)

Versus

M/s Emaar MGF Land Pvt. Ltd, - Opp.Party(s)

Pankaj Chandgothia

12 Jan 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
UT CHANDIGARH
 
Complaint Case No. CC/11/2016
 
1. Mrs. Neetu Sethia
Panchkula.
...........Complainant(s)
Versus
1. M/s Emaar MGF Land Pvt. Ltd,
Chandigarh.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Jasbir Singh PRESIDENT
  DEV RAJ MEMBER
  PADMA PANDEY MEMBER
 
For the Complainant:
Sh. Pankaj Chandgothia, Advocate for the complainant.
 
For the Opp. Party:
Dated : 12 Jan 2016
Final Order / Judgement

By filing this complaint, the complainant has prayed that let directions be issued to the Opposite Parties to allot him a plot and also pay him compensation for deficiency in providing service.

                    As per facts on record, Buyer’s Agreement was signed on 4.7.2007 (Annexure C-3). As per terms and conditions of the said Agreement, possession was to be delivered within three years from the said date i.e. up-to July 2010. It is apparent from the record that the payment was not made as per the schedule affixed. The payment made was on the lower side. Furthermore, in the year 2010, when possession was not handed over to the complainant, he wrote a letter on 24.02.2010 making request that he be allowed to make payment of the balance amount on waiver of 50% of the interest. However, no amount was deposited thereafter. By writing letters, the complainant sought possession of the plot in dispute. We feel that cause of action has accrued to the complainant, to file this complaint, in the year 2010 when possession was not delivered on making the specific request.

                    In view of above, the complaint is dismissed being barred by limitation.

                    Certified copies of the order be sent to the parties free of charge. 

 
 
[HON'BLE MR. JUSTICE Jasbir Singh]
PRESIDENT
 
[ DEV RAJ]
MEMBER
 
[ PADMA PANDEY]
MEMBER

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