This appeal has been preferred against the order of District Forum, Jhunjhunu dated 19.5.2010 by which the complaint was dismissed as presented before the period of limitation.
The appellant had applied to the respondents for allotment of a house under MIG category in the year 1985. He presented a complaint against the respondents in the year 2010 that he was still not allotted a house. The respondents submitted that a house was reserved for the appellant and he was asked to deposit the seed money vide their letters dated 11.2.2000, 24.4.2001, 5.10.2001 and 15.10.2001 but the appellant did not deposit the seed money, hence his allotment was cancelled on 6.11.2001. The notice of cancellation was given to the appellant on 25.11.05 and refund of his registration money was sent to him vide their letter dated 21.12.09.
As is apparant from the record, the respondents took four years to inform the appellant about cancellation of the registration and then took another four years in refunding the registration money, that too after the complaint was presented by the appellant. The appellant has stated that he has not received any refund from the respondents. The respondents have not presented any postal receipts of registered AD which would show that the appellant was informed of the cancellation in the year 2005 and refund amount was sent to him in the year 2009. In absence of any postal receipts AD it cannot be accepted that the appellant was informed of the demand notices, cancellation notice and refund amount. The working style of the respondents seems to be very strange, they took four years to inform the appellant about cancellation and then another four years to refund him the registration money.
In view of this they cannot claim the benefit of period of limitation. I feel the matter should be enquired into on merits. The impugned order of the District Forum is set aside and the case is remanded back to the District Forum with the direction to decide the matter afresh on merits. The respondents will be issued fresh notices by the District Forum, Jhunjhunu as the respondents have not appeared before this Commission despite notices. The appellant will appear before the District Forum on..30.4.2012.