Law of limitations for recovery
Advocat R.Ramesh
(Querist) 13 March 2017
This query is : Resolved
Sir, Wish you all a happy Holiday.
I need a clarification as follows.
The builder had entered into a builder's agreement during April 2006 and was to be completed by Dec 2007 as per agreement.The payment for the flat was realised till 7.11.2007 and the last payment was disbursed by way of a cheque dated 26.11.2007 through registered post. Since the builder had not completed the flat and not delivered, the SCDRC was moved during June 2008 by duly serving the legal notice on 19.4.2008. The builder used all the tactics in dragging the proceedings and later he was set exparte which he moved NDRF at Delhi and his petition was allowed with heavy penalty i e in May 2013.Now while filling his version in July 2013, he is claiming the last payment which was paid by cheque on 27.11.2007 through RPAD. Till 2013 there was no reminder nor notice nor any communication for the said payment. Now the builder is demanding it through SCDRC and the advocates commissioner report gives the proof of non completion of the property. My query is whether the law of limitations for recovery of money is violated or not.
Advocat R.Ramesh
(Querist) 13 March 2017
Please read it as HOLI instead of Holiday
krishna mohan
(Expert) 14 March 2017
It is noted from your post 'The payment for the flat was realised till 7.11.2007 and the last payment was disbursed by way of a cheque dated 26.11.2007 through registered post'
If above is true then where is then 'while filling his version in July 2013, he is claiming the last payment which was paid by cheque on 27.11.2007 through RPAD'. You may clarify whether the last payment is made or not?
Case is NDRF is for handing over of possession with compensation for loss etc., or for what?
Advocat R.Ramesh
(Querist) 14 March 2017
The last payment which was for handing over of the possession was duly sent by RPAD on 27.11.2007 and the case in SCDRC is for handing over of possession with compensation for loss etc
