PURANI vs K.B.CORPORATION

COMPLAINANTS are members of four Co-operative Housing Societies which were registered in July, 1989, and they have filed this complaint claiming compensation under various heads and other reliefs. The complaint is filed against opponent No. 1 who is a builder, four Co-operative Societies-opponents Nos. 2 to 5 and Architect who is opponent No. 6. It is the case of the complainants that the four Societies had entered into contracts with opponent No. 1 for construction of houses and the payment of the price of the houses was to be made from the amounts collected from them from time to time. The grievances of the complainants are that there are many defects in the construction work, that the opponents had obtained their signatures on blank papers, that accounts of income and expenditure were not given by opponents Nos. 1 to 5, that receipts were not given in respect of cash amounts collected from them, that they had suffered mental tension on account of their signatures taken on blank papers and payments made without receipt, that B.U. Permission was not handed over to them, that electric connection was not transferred to their name, that sunk well was not properly made and that the defects in the houses were not removed by repairing them. It is for the redressal of these grievances that the complainants have filed this complaint. It is not necessary to set out in details the grievances made by the complainants since we are inclined to uphold the opponent''s contention that the complaint is barred by limitation and it is not maintainable.

IT is an admitted position that the societies of which the complainants are members were registered in July, 1989. IT is also an admitted fact that possession of the houses were handed over to the complainants atleast three years prior to the date of the filing of the complaint. The complaint is filed on January 16,1995. Section 24A of the Consumer Protection Act, 1986 provides for period of limitation and it lays down among other things that the District Forum, State Commission or the National Commission shall not admit a complaint unless it is filed within 2 years from the date on which the cause of action has arisen. In the instant case, as observed above, possession of the houses was handed over to the complainants prior to three years. Therefore, cause of action, if any, for the complaint had arisen prior to three years. Under the circumstances, the complaint having not been filed within two years from the date of cause of action it is barred by limitation as provided in Section 24A. On that ground alone, this complaint deserves to be dismissed. There is also considerable force in the argument advanced on behalf of the opponents that there is misjoinder of parties and causes of action and that the disputes between the complainants and Co-operative Societies of which they are members could be resolved only under Section 96 of The Gujarat Co-operative Societies Act. The complainants, who are members of four different Co-operative Societies could not have filed a common complaint against the builder and the Co-operative Societies. Mere fact that builder is common does not confer any right on the complainants to file a common complaint. Causes of action are also different and distinct so far as members of four different Co-operative Societies are concerned. The complainants and different causes of action could not have been joined together in one complaint in the manner done by the complainants. Similarly, disputes between members and Co-operative Societies have to be resolved under Section 96 of the Gujarat Co-operative Societies Act. However, we are not examining these questions in details since in our opinion the complaint is liable to be dismissed on the ground of bar of limitation.

In the result, this complaint fails and is dismissed. However, there will be no order as to costs. Complaint dismissed.