26th day of September2012
CC.454/12 filed on 13/9/2012
Complainant : Suma Sunil.Ponnarassery House, P.O.Thamarayoor,
(Via)Kottapadi, Thrissur.
(By Adv.A.D.Benny, Thrissur)
Respondent : Amarthya Chities & Loans Pvt.Ltd., rep. by Managing
Director, Regd.Office Room No.T10, 3rd floor, Adam
Bazar, Thrissur.
ORDER
By Smt.Padmini Sudheesh, President
Heard on admission.
2.The complaint is filed to get back the kuri amount from the respondents. It is the case that the complainant was a subscriber of chitty No.14 conducted by respondents, which was started on 14/12/98. The instalment amount of the said chitty was Rs.12,000/-. The complainant had remitted for 13 instalments. It is the allegation that against law the respondents conducted the kuri in Thrissur instead of Faridabad. When the complainant complained about this illegal act the respondents told not to pay the kuri amount. Now the complaint is filed to get back the kuri amount from the respondents. It can be seen that the claim of complainant is barred by limitation. If the complainant has any indifference in the conducting of kuri in Thrissur it should be challenged at the earliest and should take legal action at that time. There is no document produced to show the bonafide of petitioner. Now the claim of complainant is barred by limitation. It is more than 10 years lapsed from the payment of last kuri instalment by the petitioner. So the complaint cannot admit because it is barred under Section 24(A) of the Consumer Protection Act. The Forum shall not admit the complaint unless it is filed within two years from the date from which the cause of action has arisen. The cause of action has arisen when the complainant stopped the payment of kuri and complained about the alleged illegal act committed by respondents. The complaint is only experimental and is not admissible. Hence rejected as barred by limitation.
Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 26th day of September 2012.
Sd/-
Padmini Sudheesh, President
Sd/-
M.S.Sasidharan, Member
Appendix
Nil
Id/-
President