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Judgment
Ram Surat Ram Maurya, Presiding Member
Heard learned counsel for the appellant.
The above appeal has been filed against the order of State Consumer Disputes Redressal Commission dated 16.05.2023 passed in CC/54/2023 whereby the complaint has been dismissed as barred by limitation. In the complaint following prayers were made:
“a. An Order directing the Opposite Party Nos. 1 to 5 to execute and register the Deed of Conveyance in respect of the flat described in Schedule-"A" hereunder in favour of the Complainant after measuring the actual area of the said flat as handed over to the Complainant.
b. An Order directing the Opposite Party No. 1 and 2 to refund the excess sum of Rs.6.06.156/- (Rupees Six Lakhs Six Thousand One Hundred and Fifty Six) which amount wrongfully retained by him together with the interest of 18% p.a. from the date of receipt of the said excess amount i.e. on 15/12/2015.
c. An Order directing the Opposite Party No. 1 and 2 to provide to the Complainant the Completion Certificate of the building being Premises No.118, S.N. Roy Road, Mailing Address of which is 71/1, S.N. Roy Road, Police Station: New Alipore (previously Behala), Kolkata-700038, under K.M.C. Ward No. 119, District: South 24 Parganas.
d(i) An order of temporary relief restraining the opposite party Nos.1 to 5 and /or their men and agents and/or any other person claiming through/under them from disturbing the possession of the complainant over the Schedule-“A” property in any manner whatsoever; and
d(ii) An order of temporary relief restraining the opposite party Nos.1 to 5 and/or their men and agents and/or any other person claiming through/under them from creating any third party interest and/or alienating and/or encumbering and/or transferring the Schedule “A” property in any manner whatsoever.
e. An order of compensation amounting to Rs.1000000/- for extreme harassment and mental agony of the complainant resulting from the illegal activities and/or miscreancies of the opposite party Nos.1 to 5 and their men and agents.
f. An Order of Cost of Rs. 50,000/- towards litigation expenses.
g. Any other relief or reliefs as the Complainant may be entitled to in law and equity.”
The main prayer in the complaint was for directing for opposite parties to execute and register the deed of conveyance in respect of the flat described in Schedule-"A" in favour of the complainant after measuring the actual area of the said flat as handed over to the Complainant. The execution of conveyance deed is liability of the opposite parties. In case the opposite parties have not executed conveyance deed, it is a continuing wrong, Under Section 22 of the Limitation Act. Supreme Court in Samruddhi Co-operative Housing Society Ltd. Vs. Mumbai Mahalaxmi Construction Pvt. Ltd., AIR 2022 SC 428 has held that in case of continuing cause of action, the complaint cannot be dismissed on the ground of Limitation. Therefore, the order of the State Consumer Disputes Redressal Commission, dated 16.05.2023 passed in CC/54/2023 dismissing the complaint on the ground of limitation is liable to be set aside.
ORDER
The appeal is allowed. The order of State Consumer Disputes Redressal Commission dated 16.05.2023 passed in CC/54/2023 is set aside. The matter is remanded to the State Commission, who shall restore the complaint and proceed to decide it in accordance with law. The complainant may appear before the State Commission on 24.07.2023 along with certified copy of the order. State Commission shall fix any date according to their convenience.