Consumer dispute
Advocate M J
(Querist) 15 August 2015
This query is : Resolved
My client has paid to a firm Rs.1,00,000/- by becoming a member of the club, and has not availed any facilities from the club till date. The firm has also agreed to give special offers by way of allotment of land to my client which has not been adhered by the firm so far.
My clients wants to get the refund of Rs.1,00,000/- by filing a case under CpC/consumer addressal forum for the recovery.
My client has paid Rs.1,00,000/- in 2007 / 2008 is there any time limitation to file the same if so what is the period
P. Venu
(Expert) 16 August 2015
More than the limitation, where is the cause of action?
R.K Nanda
(Expert) 16 August 2015
limitation period is over.
Advocate Bhartesh goyal
(Expert) 16 August 2015
You have no cause of action to file case,limitation period has also over and besides this money paid for membership of club is never refundable.
Hemant Agarwal
(Expert) 16 August 2015
1. IF "at present date", the firm has documentarily "agreed to give special offers by way of allotment of land" in lieu of the money "disputedly" paid in 2008, THEN the "limitation period" would start from the date of such allotment letter, AND on failure to comply with the terms of allotment letter, the firm could be held liable for "deficiency" (to honor commitment) under the Consumer Protection Act.
2. IN the absence of above, typically the limitation would be Two years, under the Consumer Protection Act, BUT by justifying cogent reasons, the Consumer Forum can be convinced to condone the delay.
Keep Smiling .... Hemant Agarwal
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Sudhir Kumar, Advocate
(Expert) 16 August 2015
