Cause of action for the complainant continued even after the date of the Agreement Under Consumer Protection Act - SC

The National Consumer Disputes Redressal Commission (NCRRC) is hearing a complaint filed by the 'complainant' on behalf of the purchasers of flats in the Royale Garden complex in New Okhla, Mumbai. The opposite party claimed that the Agreement contained an arbitration clause and that whatever facilities/amenities were promised at the time of promotion of the complex, have been put in place. Complaint was resisted by the opposite party both on merits and on the ground of limitation. BY NCDRC Complaint partly allowed with cost of Rs. 25,000/­ with direction to the opposite party to make the systems/facilities as at Sl. 2,3,4,5 and 6 of the prayer clause of the complaint operational/complete. Aggrieved by the order of the National Commission, the opposite party (builder), has come up with one appeal in C.A.No.2998 of 2010. Aggrieved by the refusal of the National Commission to grant the reliefs as per prayer clause nos. 1, 7, 8, 9 & 10, the consumer­complainant has come up with another appeal in C.A.No.4085 of 2010.Complaints under section 24A(1) of the Consumer Protection Act, 1986 have a period of two years from the date of the cause of action for the admission of a complaint, by the District Forum, State Commission or National Commission. In the case on hand, the opposite party handed over the maintenance of the complex to the complainant, under an Agreement dated 15.11.2003. There were specific obligations to be performed by the opposite party under the said Agreement, in relation to certain services. Therefore, the cause of action for the complaint, as per the above clauses continued even after the date of the Agreement namely 15.11.2003.the National Commission was right in rejecting the objection relating to limitation. Appeal is dismissed that the reliefs granted by the National commission does not warrant any interference. 

D.D- September  28, 2021 

M/S.PADMINI INFRASTRUCTURE DEVELOPERS (I) LTD.  VERSUS THE GENERAL SECRETARY  (SHRI AMOL MAHAPATRA) ROYAL  GARDEN    RESDIENTS WELFARE  ASSOCIATION