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2018 Supreme(P&H) 1736

ANIL KSHETARPAL
Ansal Mittal Township P Ltd. – Appellant
Versus
Rajinder Kumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Amarpreet Singh, for Mr. Binderjit Singh, Advocate
For the Respondent:Mr. Karan Singla, Advocate

JUDGMENT :

ANIL KSHETARPAL, J.

1. In this revision petition, under Article 227 of the Constitution of India interesting question arises for determination:-

“Whether on dismissal of consumer complaint filed under the Consumer Protection Act, 1986 (hereinafter referred to as 'the 1986 Act') being time barred, upheld in the first appeal and on withdrawal of further appeal from the National Consumer Disputes Redressal Commission, can a plaintiff can claim benefit of Section 14 of the Limitation Act, 1963, seeking exclusion of the time spent before consumer courts?”

2. Predecessor of the plaintiff purchased a plot from the defendant-petitioner measuring 300 square yards. Plaintiff, thereafter, stepped into the shoes of the original allottee vide transfer letter dated 18.02.2008. Plaintiff, thereafter, appears to have paid certain amount towards price of the plot. Certain amount was further demanded on account of laying of the road etc., which was paid by the plaintiff from time to time and last payment was made on 22.05.2009. Plaintiff filed a complaint under Section 12 of the 1986 Act claiming that he is entitled to refund of the interest of Rs.38,387/- along with interest admissible at th




























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