Order No. 6 dt. 13/02/2017
Today is fixed for admission hearing.
Having heard the Ld. Lawyer for the complainant and on perusal of material on record we find that the instant case has been filed praying for direction upon the o.p. to pay a sum of Rs.1,49,361.36. The complainant prayed for the amount since the complainant made reservation of one room from11.05.2013 to 13.05.2013 in Hotel Bristol, Warsaw, Poland through the website of o.p. and for that purpose complainant paid Rs.19,898/-.
Complainant applied for visa before Italian Consulate since the Port of entry of the complainant was Italy. The said visa, however, was rejected. Then the complainant intended to re-schedule his travel plan from 23.06.2013 to 26.06.2013 instead of 11.05.2013 to 13.05.2013. Complainant informed the same to the o.p. by email dated 03.05.2013. By an email dated 09.04.2014 the o.p. refused to pay the payment made by the complainant. Therefore the cause of action arose on 09.04.2014. Though the complainant filed a petition for condonation of delay, the reason for delay is not satisfactory. Why complainant filed the case after the expiry of statutory period complainant did not mention in his condonation delay petition in detail. The cause of action arose on 09.04.2014. In the condonation of delay petition complainant only mentioned that he was admitted to CMRI on 22.12.2015 and was discharged on 24.12.2015 due to high fever. The plea taken by the Ld. Lawyer for the complainant is not sustainable that the delay occurred since complainant admitted in hospital for two days and he was compelled to leave for Guwahati for attending family occasion on 31.07.2016.
As a matter of law, the Consumer Forums must deal with the complaint on merits only if the complaint has been filed within two years from the date of accrual cause of action and if beyond the said period, sufficient cause must be shown for the delay.
In view of above the case is rejected since barred by limitation.
Supply certified copy to the parties free of cost.
