Builder fails to deliver possession- LIMITATION PERIOD

Querist : Anonymous (Querist) 18 March 2011 This query is : Resolved
Sir,

I had booked a flat with a builder which he was supposed to deliver by April 2008. He has been making fake promises that construction is going to start and flats will be given soon. Now I want to file a complaint in the District Form. But will the limitation period of 2 years under the CP Act stop me from the same? Because as far as I think the cause of action would be deemed have arisen in April 2008 only.

Can those verbal promises of the builder start a fresh limitation period? If not, then can I ask for the condonation of delay in filing the complaint before the District Form?

Kindly advise

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M.Sheik Mohammed Ali (Expert) 18 March 2011
you can approach what you said reason with writing, and he delayed already 2and half years so you can file a complaint against the builders.

Devajyoti Barman (Expert) 18 March 2011
No, this is a continuing cause of action and you can very much file the complaint now.

V.T.Venkataram (Expert) 19 March 2011
The cause of action ends only on the day on which the possession is given.In other words,there is a continuing cause of action.

Querist : Anonymous (Querist) 14 July 2011
Mr V.T.Venkataram

Sir its not about the date that the cause of action ends as far as i know. The limitation period expires at the completion of 2 years from the date that the cause of action arises. So if the cause of action had arisen in April 2008, it would expire in April 2010. Correct me if i am wrong.

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