Kandimalla Raghavaiah & Co vs National Insurance Co. & Anr on 10 July, 2009
9. It has been argued by the counsel for the OP No. 1 that
the complaint is barred by limitation. Op No. 4 Smt. Alka Garg had
purchased the plot in the year 2001 and in case the basic amenities
as pleaded in the complaint were not provided by Op No. 1 then the
complaint should have been filed within a period of two years after
execution of the sale deed in favour of the complainant, in that way,
the complaint should have been filed in the year 2003 but the
complaint was filed in the year 2013, therefore, it is clearly barred by
limitation. The counsel for the appellant has referred certain
judgments i.e. Civil Appeal No. 4962 of 2002 "Kandimalla
Raghavaiah & Co. versus National Insurance Co. & Anr." decided on
10.7.2009 and Civil Appeal No. 2067 of 2002 "State Bani of India
versus M/s B.S. Agricultural Industries (I)" decided on 20.3.2009 by
the Hon'ble Apex Court wherein it has been observed that the
complaint is to be filed within two years of the cause of action. There
is no dispute with regard to the law point settled by the Hon'ble
Supreme Court in the above referred judgment but we have to
First Appeal No. 188 of 2014 8
determine as to when the cause of action had arisen in favour of the
complainant or whether it was a continuous cause of action.