9911796707
TMI Blog2005 (10) TMI 555X X X X Extracts X X X X X X X X Extracts X X X X ..... as accepted by the appellant. An allotment letter was issued on 12th January, 1987 to the respondent in which it was mentioned that the allotted area of the booth/ site was 45.37 sq. meters including the side verandah at a price of ₹ 2,53,000/- which could be paid in instalments. After adjusting the earnest money deposited, the respondent was required to pay the balance of 25% of the price of the plot within 30 days upon which the possession of the booth site would be given. The balance amount of the purchase price of ₹ 1,89,750.00 was payable in ten half yearly instalments, the first of which was payable after the expiry of six months. In terms of the allotment letter the last instalment was payable on 12th December, 1991. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reme deficiency of service on the appellant's part. The deficiencies alleged in the complaint were as follows: a) the booth of which possession was given by the appellant measured only 2.75 x 8.25 sq. mts. as against the advertised area of 5.5 x 8.25 sq. mts. b) unauthorized bhatties had been kept in the verandah of the neighbouring shop which had seriously affected the health and business of the respondent. c) The appellant had unauthorisedly sanctioned a STD/PCO in front of the respondent's booth due to which the respondent had lost the advantage of having purchased a corner booth. The appellant filed an affidavit before the State Commission countering the submissions in the respondent's complaint and stating t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al agony, harassment suffered by him on accept of deficiency in service on the part of HUDA; vii) to revise the accounts by adjusting the payments made by the complainants so far and re-schedule the instalments, if any still found payable by them; and viii) not to raise any demand for further payment till the compliance of the aforesaid direction is made . On the appeal of the appellant, the National Commission negative directions (ii), (iii), (iv), (v), (vii) and (viii) of the State Commission. It was found that there was no deficiency in the service rendered by the appellant as far as the area allotted and the construction of the STD/PCO were concerned. It was found that the side verandah had been included in the total area sold ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Commission admitting a complaint, to dismiss a complaint unless the complainant satisfies the District Forum, the State Commission or the National Commission, as the case may be, that the complainant had sufficient cause for not filing the complaint within the period of two years from the date on which the cause of action had arisen. The Section debars any fora set up under Act, admitting a complaint unless the complaint is filed within two years from the date of which the cause of action has arisen. Neither the National Commission nor the State Commission had considered the preliminary objections raised by the appellant that the claim of the respondent was barred by time. According to the complaint filed by the respondent, the cause ..... X X X X Extracts X X X X X X X X Extracts X X X X
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