MS. NIPUR CHANDNA, MEMBER
ORDER
09.04.2024
1. A complaint under Section 35 of Consumer Protection Act filed. In brief the facts are that complainant purchased white georgette semi stitch anarkali salvaar suit on 23.10.2021 vide order no. 171-8052040-5886718 for a sum of Rs. 49,898/-. It is further alleged by the complainant that the item was delivered by OP-1 delivery agent on 26.10.2021 at complainant resident. The complainant did not like the quality of the item and as such she ordered for return of the item on 07.11.2021 under the return policy. The pickup agent of OP collected the item on 09.11.2021 at around 02:00 PM. On 11.11.2021, through customer care complainant enquired about the status of refund and the officials of the OP assured her that refund will be processed in 3/5 business days.
2. It is further alleged by the complainant that again on enquiring of refund the ticket was generated by the officials of the OP and again complainant was asked to wait for 3-5 days more for refund. On 16.11.2021 again on 17.11.2021 complainant repeatedly enquired about the refund and the official assured her that her refund issue will be taken on priority basis but no refund has been made by OP. Being aggrieved complainant made a written complaint on 22.11.2021 to OP-1 but of no use. She again sent an email on 29.11.2021 but no reply has been given by OP in respect to the refund in question. It is further alleged by the complainant that finally after continuous pursuation on 16.12.2021 the executive of OP-1 informed her that OP-2 refused to refund as the buyer at high risk and as such her refund request is cancelled. It is further alleged by the complainant that after getting no resolution from OPs complainant lodged police complaint vide email dated 30.05.2022 against OP. Complainant also sent legal notice dated 20.10.2023 to OPs. OPs neither replied to the legal notice nor had complied with. The complainant also approached National Grievance Forum on 16.12.2023 but she did not get any redressal to her grievance, as such she approached this commission for redressal of her grievance.
3. The present complaint case is on admission stage. We have heard counsel for complainant Sh. Shubham Sagar on admission as well as limitation and have perused the record.
4. It is submitted on behalf of complainant that she purchased the item from OP on 23.10.2021. As per the return policy the agent of OP-1 collected the item on 09.11.2021 but till today OPs failed to refund the cost of the item, hence, the cause of action is continous one and the present complaint is well within limitation.
5. Let us peruse the relevant provision in respect of limitation provided under Consumer Protection Act, 2019.
As per section 69 of Consumer Protection Act, 2019: -
- The District Forum, the state commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.
- Notwithstanding anything contained in subsection (1). A complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Forum, the state commission or the National Comission , as the case may be, that he had sufficient cause for not filing the complaint within such period: provided that no such complaint shall be entertained unless the National Commission , the State Commission, as the case may be records its reason form condoning such delay.
6. A perusal of the aforesaid statutory position reflects that the complaint should be preferred within a period of two years of the accrual of cause of action.
7. Admittedly, the complainant had purchased the item for a sum of Rs. 49,898/- from OPs on 23.10.2021. As per the return policy the agent of OP-1 collected the item on 09.11.2021. The OP-1 vide its letter dated 16.12.2021 informed the complainant that her refund against the item in question is cancelled as the seller stating that buyer is at high risk, hence, in our opinion the substantive cause of action for filing the present complaint arose on 16.12.2021 when the OP completely denied the refund against the item in question.
8. Admittedly, on 16.12.2021 the OP completely denied the refund against the item in question. Hence, in our view the cause of action for filing the present complaint arose finally on 16.12.2021. The complainant ought to have approached this Commission on 16.12.2023, she filed the present complaint on 19.03.2024 i.e. after the delay of 3 months of the accrual of the substantive cause of action for filing the present complaint.
9. In view of the above discussion, we are of the considered opinion that substantive cause of action for filing the present complaint arose 16.12.2021, the complainant ought to have file the present complaint within two year of the accrual of cause of action i.e. 16.12.2023. The complainant has filed the present complaint on 19.03.2024 i.e after the delay of 3 months, the present complaint is therefore barred by limitation, hence, dismissed.
File be consigned to record room.
10. Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving the application from the parties in the registry. Order be uploaded on www.confonet.nic.in.
Announced in open Commission on 09.04.2024.
Sanjay Kumar Nipur Chandna Rajesh
President Member Member
