Decided on January 22,2015

Sangeeta Moitro Appellant
M -Tech Televlopers Respondents


- (1.) THIS is a complainant's appeal, and is directed against order dated 30/06/14, by which the consumer complaint filed by the complainant on 06/05/2014 has been dismissed as time barred at the stage of admission, observing that: "According to us a cause of action starts on the date of which the complainant terminates the agreement and seeks the refund of the amount".
(2.) A few more facts may be stated to dispose of this appeal.
(3.) THE complainant agreed to purchase from the OP, a first floor two bedroom flat consisting of 1250 sq.ft. of built up area at the rate of Rs. 1875 per sq.feet in a project to be constructed by the OP at Sancoale, to be known as "The Beach Village, Goa". The total consideration payable was Rs. 23,43,750/ -. The complainant paid a sum of Rs. 2 lacs on 23/10/06 and another sum of Rs. 50,000/ -. The complainant, thereafter, found that the project had not commenced and then there was an exchange of letters between both the parties. By letter dated 29th March 2010 the complainant informed the OP that no work was going on at site and that the complainant had lost faith in the OP -Company and requested the OP -Company to immediately return the sum of Rs. 2.5 lacs by bank draft to the complainant' s address. The complainant also informed the OP that in case the amount was not returned the complainant would take appropriate action for the stark deficiency in service by the OP for which the OP would be responsible.;

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