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DEEPAK GUPTA
Anil Kumar – Appellant
Versus
Jasbir Singh (Deceased) – Respondent
JUDGMENT
Mr. Deepak Gupta, J.
Petitioner before this Court is one of the plaintiff in Civil Suit bearing CNR No.PBSA02-000492-2017 titled as "Anil Kumar and others v. Jasveer Singh and another". He is aggrieved by the order dated 21.02.2024 (Annexure P-16) passed by learned Additional Civil Judge, Senior Division, SAS Nagar, Mohali, whereby the plaint has been rejected under Order 7, Rule 11 CPC on the application moved by the defendants. Under challenge is also the order dated 04.05.2024 (Annexure P-18), whereby Civil Appeal No.66 of 2024 (CNR No.PBSA01-002179-2024) filed by the plaintiffs against the aforesaid order was dismissed by learned Additional District Judge, SAS Nagar, Mohali.
2. Contention of learned counsel for the petitioner is that plaint has been rejected on the ground that it was barred by limitation. It is despite the fact that the dispute related to the genuinity of the impugned allotment letters, was continuously pending before the Consumer Fora since 2008.
3. The case as pleaded by the plaintiffs Anil Kumar and others in the plaint (Annexure P-5) is that one of the plaintiffs (Anil Kumar) was abducted by defendants (respondents herein) and some other unidentifie
The court affirmed that a suit for cancellation of documents is barred by limitation if not filed within three years, and the issue of limitation is a matter of jurisdiction.
“Remedy available under Act of 1986 cannot be allowed to be frustrated by filing frivolous and false civil and criminal cases.”
Allotment of flat – Refusal of delivery of possession to buyer – Complainant to file case within two years from date of refusal of delivery of possession.
(1) Jurisdiction - Commission has the jurisdiction to entertain the cases relating to allotment agreement including delay in handing over possession of the said flat, as compensation for delay in han....
Consumer Commission retains jurisdiction over complaints despite IBC proceedings, affirming consumer rights in property allotment without requiring a physical allotment letter.
Earnest money – As the allotment letter was not signed/accepted by the Complainants, the Opposite Party does not have any right to deduct the earnest money and cannot use or sit over the Complainants....
The main legal point established in the judgment is the jurisdiction of the State Commission under the Consumer Protection Act and the power of the High Court under Article 227 of the Constitution of....
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