Limitation to file case in consumer court
jayesh sinha
(Querist) 26 February 2012
This query is : Resolved
i have purchased resale flat in year 2011 from original owner who had purchased it in year 2006 the buider have not build build and sewage treatment plant as per terms of agreement all the transferable rights of original owner is transferred to me can i file case in consumer court since the limitation is of 2years .
secondly one of the original flat owner who had filed case against the buider in consumer court in the same township the consumer court gave direction that it is time barred of 2years limitation and dismiss the case the original flat owner who had purchased duples in year 2006 has nor gone to appeal.
what are the legal options and remedy available to me if i want to file case sgainst the buider.
Raj Kumar Makkad
(Expert) 26 February 2012
Cause of action is recurring so file a civil suit in the given matter.
Shantilal Pandya
(Expert) 27 February 2012
I respectfully submit that no concept of recurring cause of action is available, more so when the relevant provision specifically bars admission of consumer complaint after the period of Limitation.
However condoning delay for sufficient reasons is available
