Consumer case
VINOD KUMAR MALSARIA
(Querist) 01 May 2014
This query is : Resolved
Registration of flat done on 30-11-2011, as per registered documents (1) builders liable to provide the facility of water boring (2) As per documents build-up area 678 sq.ft but actual built up area-565 sq. ft.certificate taken from registered civil eng. (3) builder not taken the approval plan from JAIPUR DEVELOPMENT AUTHORITEIS & as per local law 2 flat ( total 6 flat) each floor to be permited at 271 sq mtr plot, but builder construct 3 flat at each floor (total 9 flat )
notice already send to builder on dated 25-09-2013 & received the reply on 25-11-2013
Can we file the case in consumer court after 2 year of flat purchase date 30-11-2011
Sankaranarayanan
(Expert) 01 May 2014
yes file the case in the appropriate district consumer forum
Advocate Bhartesh goyal 
(Expert) 01 May 2014
No,your complaint will be time barred.you sould have to filed the same within 2 years from the date of purchase[registration of sale deed dated 30 nov 2011].now file the complaint along with the application u/sec 24 A of the Act and mentioned therein the sufficient reason for not filing complaint within time.Go through the sec 24 A of the Act as under.
[24A. Limitation period
(1) The District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.
(2) Notwithstanding anything contained in sub-section (1), a complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Forum, the State Commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period:
PROVIDED that no such complaint shall be entertained unless the National Commission, the State Commission or the District Forum, as the case may be, records its reasons for condoning such delay.
VINOD KUMAR MALSARIA
(Querist) 01 May 2014
Sir,
Date of purchase is 30-11-2011 but defect coming in knolowdge in may-2013 & notice sent to builder on 25-09-2013 reply received on 25-11-2013.
please clear the meaning od cause of action
VINOD KUMAR MALSARIA
(Querist) 01 May 2014
Sir,
Copy of notice also sent to address of state consumer court address , no any reply received for sate consumer court , receipt of registered post also available
Advocate Bhartesh goyal
(Expert) 01 May 2014
Cause of action arose to you on the date when you purchased the flat.It is mentioned in your registered document that builder would provide some facilities so it came to your notice on day of purchase and limitation for not providing such facilities start from the day of purchase.Serving notice and receiving reply of notice does not extend limitation.
VINOD KUMAR MALSARIA
(Querist) 01 May 2014
Sir,
1)Builder continue provide water borwell facility up to May-2012 then cut the connection of boring.
2) builder not approved the building plan coming in my knowledge in Oct-2013 from RTI
VINOD KUMAR MALSARIA
(Querist) 01 May 2014
SORRY SIR BUILDER CONTINUE PROVIDE WATER FACILITY UP MAY-2013 THEN CUT THE CONNECTION OF BORING
