Time barred for money
MOTILAL JHALANI
(Querist) 30 August 2014
This query is : Resolved
I had purchased a residential flat in 2006. I had paid Rs.95000/- as advance as per agreement. The Developer was to hand over the completed flat after two years. I visited the site several times till December 2010, there was no structure. Recently I visited the site and could find that only structure was there.The Developer has never asked for further money.
I want to file a case before the Consumer Forum to hand over me the completed Flat.
I want to know that the money paid as advance are barred by limitation of time? Can I file a case before Forum for handover me the completed Resident Flat now?.
Devajyoti Barman
(Expert) 30 August 2014
This dispute has continuing wrong.
You can still file the case in consumer forum.
Advocate Bhartesh goyal
(Expert) 31 August 2014
Yes,you can approach Consumer forum,dispute is continuing wrong and not time barred.
Dr J C Vashista
(Expert) 31 August 2014
I agree with experts, the case is within limitation.
ajay sethi
(Expert) 31 August 2014
agree with experts you can move consumer forum for necessary reliefs
adv. rajeev ( rajoo )
(Expert) 31 August 2014
Before filing consumer case issue legal notice claiming damages for not providing better service.
Anand Bali Adv.
(Expert) 31 August 2014
Dear Friend, in your case the membership has not been cancelled ever and the your paid amount has not been returned to you by the Builder thus the cause of action is continuing and you can demand possession of your flat from the builder along with the damages for the delayed completion of the project. You are advised to first serve him a legal notice for his deficiency in service and if he does not agree with you file a complaint in District Consumer Forum of your jurisdiction.
T. Kalaiselvan, Advocate
(Expert) 04 September 2014
Better issue a legal notice and then proceed with case moved before your local consumer forum for necessary relief and remedy.
