DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SUBARNAPUR

C.C. No.03 of 2015

Ratan Bhoi, S/o. Uddhaba Bhoi, aged about 55 years, Occupation – Cultivation, R/o. Karlajuri, P.O. Ichhapur, P.S. Dunguripali,  District - Subarnapur,

…………..  Complainant

Vrs.

1.         Mantu Agrawalla, Authorised Dealer, Eicher Show Room, Shree Shyam Tractors, Dunguripali, At/P.O./P.S. Dunguripali,  District - Subarnapur

2.         Niranjan Sahu, Agent, Eicher Show Room, Shree Shyam Tractors, Dunguripali, R/o. village Mahulpali, P.O. Sukha, P.S. Dunguripali,  District - Subarnapur.

3.         Secretary, Ichhapur S.C.S. At/P.O. Ichhapur, P.S. Dunguripali,  District - Subarnapur.

4.         Secretary, B.D.C.C. Bank Bolangir, At/P.O./P.S./District – Bolangir.

…………..  Opp. Parties

Advocate for the Complainant                                     ………….     Sri S.N. Sahu         

Advocate for the O.P. No.1 & 2                                    ………….     Sri R. Agrawal

Present

1.         Sri U.N. Purohit,                               President

2.         Sri H. Padhan                                   Member

Date of Filing Dt.23.09.2015

Date of Hearing Dt.13.03.2023

Date of Order Dt.14.03.2023

J U D G E M E N T

By Sri U.N.Purohit, P.

Both parties are absent on repeated calls and the case is lingering since 2015 inspite of repeated notices and proper service of notices to the parties they have failed to appear. The complainant is also failed to appear to proceed with his case and filed documents, Affidavit as required evidence in support of his claim.

On going through the complaint petition, available evidence filed by the complainant i.e. Xerox copy of Loan pass book No.160700612, Xerox copy of one hand written acknowledgement of receipt shows Hood, Hook and Bumper, 7^th line cultivator and Hydraulic Trolley with good condition received by the complainant on 10.01.2011. some Xerox copy of hand written slip (two slip), the purpose of filing of the slip is not clear.

-:  2  :-

However on perusal of complaint petition the cause of action arose on 16.12.2011 and the complaint filed on 23.09.2015 which is beyond limitation as provided under C.P. Act 1986 Section 24(A). “The District Forum, State Commission or National Commission shall not admit a complaint unless it is filed within 2 years from the date of which the cause of action has arisen.” The case has been filed beyond limitation and no condonation of delay petition was also filed by the complainant. Earlier no order passed condoning the delay. Delay in filing the application is not explained in entire complaint petition, so the case is dismissed on the ground of limitation. 

            Applications pending, if any, stand disposed of in terms of the aforesaid judgment. A copy of this judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986/2019. The judgment be uploaded forthwith on the website of the commission for perusal of the parties.

            File be consigned to record room alongwith a copy of this judgment.

Dated the 14^th day of March  2023

                                                                                           Typed to my dictation

                                             I agree.                                 and corrected by me.

              Sri H.Padhan     Sri U.N.Purohit

                                           Member                                          President

                                       Dt.14.03.2023                                   Dt.14.03.2023