Consumer Protection Act, 1986 Section 2(1)(g) and 14(1)(d) read with Section 24A Banking and financial services Deficiency in service District Forum Directed Appellant Bank to pay Rs.2,47,154/ as compensation with interes @ 15% per annum-Question of limitation At the first available opportunity in written statement itself Bank raised plea that complaint was barred by limitation However, objection with regard to limitation went unnoticed by all the three For a Complainant was filed beyond the statutory limitation period of two years No application for condonation of delay nor and sufficient cause shown, question of condonation of delay in filing complainant does not arise Complainant barred by time and ought to have been dismissed as such Appeal allowed Complainant dismissed as time barred. Consumer Protection Act, 1986-Section 24A Complaint Limitation It is peremptory in nature and requires consumer forum to see before it admits complaint that it has been filed within two years from date of accrual of cause of action-Consumer forum must deal with complaint on merit only if complaint has been filed within two years from date of accrual of cause of action and if beyond said period, sufficient cause has been shown and delay condoned for reasons recorded in writing-It is duty of consumer forum to take notice of Section 24A and give effect to it-If complaint is barred by time and yet, consumer forum decides the complaint on merits, forum would be committing an illegality and aggrieved party would be entitled to have such order set aside. However we are of the view unlike in the reported case under the facts and circumstances of present case the error in the description of the property as per Ex.C3 is at a continuous cause of action to the complainant the consumer view expressed by the Apex Court under the Lata Construction and OrsVsDr.RameshchandraRammiklal Shah and another judgment dated
12 August 1999 is not applicable to facts on hand. th In in Indian Kanoon. It is held in this reported Judgment interlia ..Seen right under the agreement on 1987 Indian Kanoon up by the respondence there was a continuing cause of action running against the opponent and the claim was there after not beyond the time. MEMBER (SRI. T.C. RAJASHEKAR) D.K. District Consumer Forum Additional BenchMangalore. PRESIDENT (SRI.VISHWESHWARA BHAT D) D.K. District Consumer Forum Additional Bench Mangalore. Thus viewed from any angle we are of the view that the complainants succeeded in establishing there is an error apparent on the face of records i.e. sale deed as per Ex.C3 in describing the schedule property sold by the opponents to complainants. Hence the opponent shall directed to execute registered rectification deed to sale deed as per Ex.C3. In respect of the argument of learned counsel for opponents that the remedy of complainants if at all is under the Specific Reliefs Act before the Civil Court and not under this Forum. From C P Act 1986 remedy available under this Act does not exclude the remedy available to the party in any other law of the land. Instead the Act specifically mention the remedy under this C P Act is in addition to remedies available under other enactment before any other Forum or Courts. Hence argument on this count is rejected. The question is what would be the compensation the complainants would are entitled too. As mentioned earlier compensation of Rs.15,000/ per month from October 2010 is out of question as reasoned earlier. In our view the sum of Rs.35,000/ as total compensation. Hence we answered point No.2 in the affirmative. Wherefore the following order POINTS No. (iii) : ORDER The petition is partly allowed. The opponents are directed to execute rectification deed in respect of Sale Deed executed by them in favour of complainants as per Ex.C3 registered on 17.7.2010 by correcting the Door Number of the Apartment mentioned in B schedule as 24.9.961/1(12) instead of 12.1.12/04 in Doc.No.1382/0910 within 30 days from the date of this order at the cost of opponents. Copy of this order as per statutory requirements, be forward to the parties free of costs and file shall be consigned to record room. (Page No.1 to 14 Dictated to the Stenographer typed by her, revised and pronouncedin the open court on this the 16 November 2016)th ANNEXURE Witnesses examined on behalf of the Complainants: CW1 Dr. Asha CW2 Srinivas U.K Documents markedon behalf of the Complainants: Ex.C1:10.10.2006 Photo copy of the Deed of Declaration Regd. As Doc.No.4411/2006.2007 in the office of the Sub-Registrar Mangalore City. Ex.C2: 09.01.2009 Photo copy of the Amendment of Deed of Declaration Regd.as Doc No. 4885/08.09 in the officer of the Sub Registrar, Mangalore City. Ex.C3:10.07.2009 Certified copy of the registered sale Deed regd.as Doc.No.1382/2009.10 Before the Sub-Registrar, Mangalore City. Ex.C4: 30.04.2012 Reply given by Revenue Officer City Corporation Mangalore under R.T.I Act. Containing 4 sheets. Ex.C5: 06.08.2012 office copy of the notice issued to Opposite parties Ex.C6: 06.08.2012 Postal receipt of the notice issued to Opposite party No.1 Ex.C7: 06.08.2012 Postal receipt of the notice issued to Opposite party No.2 Ex.C8: 08.08.2012 Postal acknowledgment signed by Opposite party No.2 Ex.C9: Postal acknowledgment dated17.05.2012 signed by 1 opposite Party inst respect of the envelope Sent by 1 Complainantst Ex.C10: Postal acknowledgment dated15.05.2012 signed by 2 opposite Party innd respect of the envelope Sent by 1 Complainantst Ex.C11: copy of the letter dated 11.02.2010 Written by 1 Complainantst Ex.C12: Reply notice dated 21.09.2012 issued On behalf of the opposite party Ex.C13: 25.04.2013 Application filed by the complainant No.2 before the Public Information Officer, MESCOM Attavara, Mangalore, under the Right to Infor Nation Act. (Copy) Ex.C14: 01.06.2013 Reply from the Assistant Executire Engineer, No.1 Sub division, MESCOM, Attavara, Mangalore. Ex.C15: Form No.76A issued by the Station House South Police Station Mangalore, D.K., Ex.C16: Complaint given by Sham Gopal Shetty Ex.C17: Reply statement given by complainants Ex.C18: Endorsement given by South Police Station, Mangalore, D.K. Ex.C19: Tax paid receipt (containing five pages) Ex.C20: Notarized copy of the sale deed dated 24.04.2009 Ex.C21: Building tax receipt in respect of House No.24-9-961/1(5) dated 6.6.2014 Ex.C22: Order of the District Consumer Forum In Consumer complaint No.182/11 Dated 31.01.2014 Witnesses examined on behalf of the Opposite Parties: RW1: Mr. Jayarama Shetty Documents marked on behalf of the Opposite Parties: Ex.R1: Coloured photographs Ex.R2: C.D Dated: 16.11.2016 PRESIDENT [HON'BLE MR. Vishweshwara Bhat D] PRESIDENT [HON'BLE MR. T.C.Rajashekar] MEMBER -10-