ORDER

Dr. Sadhna Shanker, Member.—The present appeal has been filed under Section 19 of the Consumer Protection Act, 1986 (for short ‘the Act’) by Mr. Mahboob Alam Qureshi and Mr. Javed Alam Qureshi (hereinafter referred to as the ‘complainants’) assailing the Order dated 01.05.2017 passed by the State Consumer Disputes Redressal Commission, Delhi (hereinafter referred to as the ‘State Commission’) in complaint No. 1129 of 2015 whereby the complaint was dismissed as barred by limitation.

2. We have heard the learned counsel for the appellants (hereinafter referred to as the ‘complainants’) and the learned counsel for the respondent (hereinafter referred to as the ‘builder company’) and perused the memorandum of appeal.

3. There is a delay of 21 days in filing the present appeal.

In the interest of justice and considering the reasons mentioned in the application for condonation of delay, the delay in filing the appeal is condoned.

4. The facts, in brief, are that the complainants booked a plot measuring 350 sq. yds. in Future Township Project TDI City and deposited a sum of Rs.5,42,500/-, being 20% of basic price, by cheque dated 27.08.2005 and opted for option-II whereby the complainants were required to pay 10% of basic price at the time of allotment and then 10% every two months from the date of allotment with balance 10% at the time of offer for possession. It is alleged that 10% of the basic price was to be paid on or before 08.08.2006 when the allotment was to be made. However, the builder company sent letter as early as on 16.12.2005 asking them to pay balance Rs.3,40,375/- The said letter showed second installment to be due on 10.12.2005. It is further alleged that the builder company again sent reminder dated 25.01.2006 demanding Rs.3,40,375/- citing financial constraint for issuing said reminder and persuaded the complainant to pay Rs.1,40,000/- on 03.02.2006 through cheque. The complainants paid a sum of Rs.2,00,000/- in cash for which only a katcha receipt was given. Kacha receipt mentioned the amount as Rs.2000/- (as short of Rs.2,00,000/-). The builder company issued revised communication dated 29.05.2006 vide which balance due, including Rs. 6590.87 as interest, was shown as Rs.10,16,160/-, the same being due on 10.02.2006 and 10.04.2006. On persuasion, the complainants again made payment of Rs.2,00,000/- on 13.07.2006 and Rs.375/- on 14.07.2006. Thereafter, another communication dated 27.06.2006 showing amount due as Rs.6,82,500/- was sent. The builder company allotted plot No. J-139 vide allotment letter dated 08.08.06 and showed balance of Rs.14,03,312/-. Final reminder dated 05.09.2006 showing balance of Rs.16,95.070/- was received. It is alleged that the complainant had paid a total sum of Rs.8,16,000/- in cash for which kacha receipt was issued which were not reflected by the builder company in the letters sent by it and wanted to clandestinely avoid the said payment. On insistence by complainants, the builder company agreed to adjust the said amount by the reducing rate of plot from Rs.7750/- per sq. yd. to Rs.6150/- per sq. yd. Still payment of Rs.2,00,000/- paid in cash on 02.02.206 was not adjusted. To utter shock and dismay of complainants the builder company cancelled the allotted plot.

5. Being aggrieved, the complainant filed a complaint before the State Commission with the prayer to restore the allotted plot at original cost along with interest @ 18% per annum on amount of Rs.25,08,250/- and compensation of Rs.5,00,000/- towards mental agony and harassment.

The builder company party did not file reply before the State Commission.

6. The State Commission, vide its order dated 01.05.2017, dismissed the complaint as barred by limitation.

7. Being aggrieved, the complainants have filed the present appeal before this Commission with following prayer:

a) Set-aside the order dated 01.05.2017 passed by the Hon’ble State Consumer Disputes Redressal Commission, Delhi in Complaint Case No. 1129 of 2015;

b)