Summary
The Court set aside consumer orders requiring restoration of a housing registration and allotment at historical rates. The applicant had failed to pay seed money even after acknowledging a later demand and seeking time. His challenge to the admitted cancellation was long barred, and a later policy concerning cancellations caused by the Board’s administrative error did not revive his own-default case. The Court recorded the Board’s offer of an alternative allotment at current rates or refund under its policy.
Issues
- Whether the later restoration policy revived a time-barred challenge to cancellation for the applicant’s payment default.
- Whether the applicant could demand allotment at a historical rate.
Provisions considered
- Section 24A, Consumer Protection Act, 1986The two-year limitation was mandatory subject to sufficient cause and recorded condonation; a later inapplicable policy did not create a fresh cause of action. (¶ 9-11)
Held
- Initial registration was not a formal house allotment. Whatever the dispute over the original demand’s receipt, the applicant admitted receiving the later communication, sought additional time to pay, and nevertheless failed to deposit the required money before cancellation. (¶¶ 3-4, 8, 10)
- A consumer complaint beyond two years from accrual of the cause of action cannot be entertained without sufficient cause and recorded reasons for condonation. The cancellation challenge was already barred well before the later restoration policy. (¶ 9)
- The policy concerned cancellations attributable to administrative mistakes of the Housing Board and excluded cases without such fault. It did not apply to this applicant’s payment default or revive his stale claim. The consumer fora’s contrary basis was erroneous. (¶¶ 5, 8-11)
- The applicant’s default did not justify allotment at rates applicable when a junior registrant received a house. The Board’s statement offering an alternative allotment at rates prevailing on its allotment date, or refund under policy if declined, was recorded. (¶ 12-13)
Result
Appeals allowed and National Commission’s judgment set aside, subject to the recorded offer of an alternative allotment at prevailing rates or refund of registration money under the Board’s policy.