A complaint under the Consumer Protection Act regarding a residential unit is time-barred if filed beyond two years from the cause of action due to non-disclosure of material facts and lack of continuing action.

ORDER

1. The present complaint has been instituted urging that the complainant had acquired a residential unit from the opposite party, the cost of the unit being Rs.13,16,15,460/-. As against the aforesaid price a sum of Rs.3,00,00,000/- is stated .to have been transferred to M/s. Shreeniwas Cotton Mills. The opposite party has stepped into its shoes after merger with the opposite party. The allegations in the complaint are that according to the agreed schedule, despite regular requests, the opposite party did not enter into any agreement to sell and a letter was written on 02.05.2017, requesting the opposite party to intimate about the exact date of constructions and also execute the agreement to sell. However, this indifferent attitude continued and therefore the complainant made a request on 05.08.2020 to cancel the booking. A complaint was earlier filed before the Rera Authority seeking refund of the entire amount, where a totally incorrect reply was filed by the opposite party. The Rera Authority refused to entertain the claim and passed orders on 28.06.2023, a copy whereof has been filed as annexure 7.

2. It is in this background that the present complaint has been filed for the following reliefs:

"a. To allow the present consumer complaint filed under section 58 (1)

(a) of the Consumer Protection Act, 2019 : And

b. Direct the respondent to accept the balance consideration amount of the fiat and handover the possession of the unit bearing no. West Wing W3701 in World Crest in the World Towers situated at Upper Worii, OR

c. Direct the Opposite party to pay an amount of Rs. 3,00,00,000/- (Rupees Three Crore Only) to the complainant alongwith 18% rate of interest from the date of payment till realization: AND

d. Direct the Opposite party to pay future interest @ 18% on the amount of3,00,00,000/- (Rupees Three Crore Only) from the date of payment tit! the date of realization: AND i?

e. Direct the Opposite party to pay an amount of Rs. 20,00,000/- (Rupees Ten Lakh Only) as compensation for mental harassment caused by the Opposite party to the complainant: AND

f. Direct the Opposite party to pay an amount of Rs. 5,00,000/- (Rupees Five Lakh only) as litigation expenses to the complainant: AND

g. Pass any other order that this Hon'ble Commission may deem fit in favor of the complainant and against the Opposite party."

3. Since the booking was of the year 2014 an order was passed by the Commission on 23.01.2024, calling upon the complainant to file a better affidavit regarding the issue of limitation as the present complaint has been filed after almost 10 years of the booking. The order dated 23.01.2024 is extracted herein under:

"Heard learned Counsel for the Complainant.

There are two issues which need to be clarified at the outset firstly as to the purpose of the purchase of the fiat by the Complainant who admittedly is a Private Limited Company. The purchase was initiated through a booking in the year 2014 itself when companies were not included within the definition of a consumer under the Consumer Protection Act, 1986 .

Learned Counsel for the Complainant has cited the order of this Commission in the Case of Springdale Core Consultants Pvt. Ltd. vs. Pioneer Urban Land and Infrastructure Ltd. decided on 14.07.2020 to urge that under the Consumer Protection Act, 2019 a company can be a complainant as it is a consume