Jharkhand

Bokaro

CC/114/2024

NITESH KUMAR SINGH - Complainant(s)

Versus

PIONEER GREEN CITY BUILDERS PVT LTD. - Opp.Party(s)

17 Dec 2024

ORDER

Complainant himself is present. Heard on the point of  admission and perused the case record.

                                      According to the complainant on 15.02.2011 he booked 2000 Sq. fit land of Poineer Green City Builders (P) Ltd. and paid Rs. 61,000/- as advance and inspite of long period of more than 14 years neither the land was given nor advance money was returned. Hence it is prayed to provide Rs. 61,000/- with 18% interest from the O.P.

                                      On perusal of the documents it appears that for the first time Rs. 61,000/- was paid through cheque on 15.02.2011. Annexure-2 is the photo copy of agreement which has been signed by the Director Om Prakash Sharma but it has not been signed by the complainant or any witness to the document. However, on perusal of said paper it appears that it was valid only for one year from 14.07.2011.  In this way it is apparent that cause of action of the case arose on 15.02.2011 or 14.07.2012 and case was required to be filed within 2 (Two) years from that very cause of action. As per office report this case is time barred. On careful perusal of the case record it appears that case was filed on 13.12.2014 after expiry of about fourteen years period which is apparent from the contents of the complaint petition itself.  Hence this case is hopelessly time barred. There is no any reasonable explanation for long delay in filing of this case.

                                      Thus, we are of the view that complaint is hopelessly time barred , hence it is being dismissed at the stage of admission itself.