In the Matter of Indra Duggal V/s Chandigarh Overseas Pvt ltd. Case no. 1769 of 2020 decided on 07.07.2021 Before The Real Estate Regulatory Authority, Punjab
Fact of the Case
- Unit was allotted on 26.09.2014
- Date of Builder buyer agreement was on 26.09.2014
- Entire payment has also been received by the Respondent.
- Date of Possession was 30.06.2016
- Possession has not been provided
It was held by the Authority That
- There has been a complete inaction on the part of complainant for a period of nearly 6 years till the present complaint is filed on Aug 2020.
- Such a long unexplained delay in pursuing the matter would obviously be hit by the bar of limitation.
- The Entry at Serial no. 113 of the schedule of the limitation act,1963 provides that the limitation for any proceedings for which no separate period of limitation is provided would be 3 years from the time the right to sue accrues.
- The complaint is being dismissed as being barred by limitation.