A consumer complaint filed beyond the two-year limitation period under Section 69 of the Consumer Protection Act, 2019, without an application for condonation of delay, is not maintainable and must be dismissed.

KIRAN SIBAL, MEMBER

The instant appeal has been filed by the appellant/opposite party against the order dated 19.04.2023 passed by District Consumer Disputes Redressal Commission, Mansa (in short, the “District Commission”), whereby the complaint filed by complainant against opposite party (in short ‘OP’), under the Consumer Protection Act, was allowed while granting the following relief:-

“19. Resultantly, the present complaint is partly allowed alongwith consolidated costs and compensation of Rs.5,000/- and the OP is directed to refund (if already not returned) the amount of Rs.3,88,765/- along with interest @ 9% p.a. from the date of receipt of amounts from the complainant at different intervals till the date of actual payment subject to the return of the possession of plot, if any, taken by the complainant from OP…….”

2. It would be apposite to mention that hereinafter the parties will be referred, as have been arrayed before the District Commission.

3. Brief facts of the case for disposal of the appeal are that the OP launched a scheme in the year 2014 for allotment of Freehold residential plots at “PUDA ENCLAVE,(Mansa)” and applications were invited for the same. The complainant applied for 200 Sq.feet plot through application No.0057 and paid the earnest money. The OP conducted the draw of lots on 21.02.2014, vide which the application of complainant was succeeded. Thereafter, the OP issued letter of intent dated 21.03.2014 to the complainant, who paid next installment of 15% of the total amount, through demand draft. As per terms and conditions of the scheme, the possession of the plot was to be handed over to the complainant after completion of development works at site or within 18 months from the date of issuance of the allotment letter, whichever was earlier. Further as per the terms and conditions, the OP had to issue “Allotment Letter” to the applicants within a period of one year from the date of draw but the OP issued the allotment letter on 11.07.2016 to the complainant i.e. after lapse of two and a half years from the date of draw, which is totally wrong, illegal and against the terms and conditions mentioned in the brochure and letter of intent. Moreover, no development work has been started by the OP at the site as per terms and conditions of the brochure. The complainant, before issuance of the allotment letter requested the OP to complete the basic works at the site as no development work was started by it. The complainant also filed appeal before the State Officer of the OP, but to no avail. However, the OP issued letter No.8729 dated 27.12.2017 to the complainant to take possession over the plot but till date, no basic amenities have been provided by the OP, at the spot. The OP neither completed the work nor refunded the amount paid by the complainant. Alleging deficiency in service on the part of the OP, the complainant filed Consumer Complaint before the District Commission and sought refund of Rs.3,91,780/- along with interest @ 18% p.a. and further to pay Rs.1,00,000/- as compensation for harassment suffered by him at the hands of the OP.

4. Upon notice the OP appeared through counsel and filed written reply, wherein it raised certain preliminary objections, which are not required to be reproduced here for the sake of brevity. On merits, OP stated that on being successful in the draw of lots held on 21.02.2014, the complainant was issued letter of intent for allotment of residential plot of 200 Sq. yard. After, payment o