IMPORTANT POINTS
1. Provision of Section 24A being mandatory it was imperative for the State Commission to dismiss the consumer complaints on this ground alone.
2. Consumer forum, however, for the reasons to be recorded in writing may condone the delay in filing the complaint if sufficient cause is shown.

JUDGEMENT (ORAL)

V.K. Jain, Presiding Member—The complainants / appellants are allottees of residential flats in a scheme, namely, Super Deluxe Flats which the respondent Punjab State Federation of co-operative House Building Societies Ltd. was to construct in Sector 79 of SAS Nagar Mohali. The appellants, according to their counsel applied for flats and were given allocation in the year 2004. No specific date for delivery of possession of the flats was promised by the respondent. The possession to them, however, came to be offered only between July 2014 to January 2015. The excess stamp duty had also been recovered from them, which was later refunded to them without any interest. Being aggrieved, the complainants / appellants approached the concerned State Commission by way of separate consumer complaints, seeking interest on the excess stamp duty which was recovered from them which was later refunded to them as well as interest for the delay in delivery of possession with compensation etc. Interest was sought on the amount which the appellants had already paid to the respondent way back before the possession was offered to them.

2. The complaints were resisted by the respondent interlia on the ground that the same were barred by limitation.

3. The State Commission having dismissed the consumer complaints, the appellants/complainants are before this Commission.

4. The relief claimed by the appellants in these appeals is on two counts, the first relief sought by them being interest and compensation on the delayed possession of the flats and the second relief sought by them being interest on the excess stamp duty which was taken from them but was refunded to them after a substantial time.

5. Admittedly the possession to the complainants/appellants came to be delivered between July 2014 to March 2015. Admittedly, the excess stamp duty was refunded to them by October 2015

6. In terms of Section 24A of the C.P. Act, the consumer complaints ought to have been initiated within two years of the accrual of the cause of action. The said cause of action as far as interest and compensation on the delayed payment is concerned, accrued on the date the possession was taken by the complainants/appellants, without promise of any interest. The cause of action for claiming interest on the excess stamp duty accrued to the complainants/appellants on the date the refund of the excess stamp duty was received by them. Therefore, the consumer complaints ought to have been initiated latest by October, 2017 since the stamp duty is stated to have been refunded to them by October 2015. Admittedly, the consumer complaints were initiated in the year May, 2019. Admittedly, no application seeking extension of time to file the consumer complaints was filed by the complainants/appellants along with the consumer complaints. The provision of Section 24A of the C.P. Act being mandatory it was imperative for the State Commission to dismiss the consumer complaints on this ground alone. A reference in this regard can be made to the decision of the Hon’ble Supreme Court in State Bank of India Vs. M/s B.S. Agricultural Industries (I), II(2009) CPJ 29 (SC): 2009(3) CPR 107 (SC) decided on 20.03.2009, the Hon’ble Supreme Court inter-alia held as under:

8. It would be seen from the aforesaid provision that it is peremptory in nature and requires consumer forum to see before it admits the complaint that it has been filed within two years from the date of accrual of cause of action. The consumer forum, however, for the reasons to be recorded in writing may condone the delay in filing the complaint if sufficient cause is shown. The expression, ‘shall not admit a complaint’ occurring in Section 24A is sort of a legislative command to the consumer forum to examine on its own 5whether the complaint has been filed within limitation period prescribed thereunder. As a matter of law, the consumer forum must deal with the complaint on merits only if the complaint has been filed within