MS. NIPUR CHANDNA, MEMBER
ORDER
21.11.2023
A complaint under Section 34 of Consumer Protection Act filed. In brief the facts are that the complainant studied upto B.Sc Nursing and for Higher studies she approached OPs who offered higher studies from various universities to the prospective students on the basis of his institutes being affiliated with those universities. In the year 2018, OP offered complainant admission in MHA course at Rajiv Gandhi University, Bangalore, Karnataka. Relying on the version of the OP, the complainant deposited a total sum of Rs.1,50,000/- with OP alongwith the original documents such as mark sheets, graduation documents etc., on 16.08.2020. The OP assured the complainant that books and other relevant study material would be provided to her time to time. It is alleged by the complainant that despite repeated follow ups OP failed to gave her any satisfactory reply regarding the study material of the course as well as the date of examination. It is alleged by complainant that OP verbally assured her that her exam would be conducted in August 2021. It is further alleged by the complainant that when no exam was conducted or intimation was received from OP till 2022, the complainant visited SB College, Karnataka on 25.03.2022, where she came to know that she has no admission in the said college and further all the assurance given by the OP are fake one. It is further alleged by complainant that she again approached OP and requested him to return the original documents as well as the money deposited for admission. The OP neither returned the documents nor had refunded the money. Being aggrieved by the conduct of OP complainant also sent legal notice. The OP replied the legal notice denying the allegation and further submitted that the amount received from the complainant was duly deposited with the college, without mentioning the details of the college/course etc. Being disappointed by the reply of the OP complainant approached this commission for refund of the money as well as of the original documents earlier deposited with OP.
We have heard the argument advance at the bar on behalf of complainant regarding the admissibility of the complaint as well as on the issue of limitation.
Perusal of the record shows that the complainant had deposited a sum of Rs.1,50,000/- in three equal installment of Rs.50,000/- each with OP on 13.08.2020, 14.08.2020 and 16.08.2020.
Admittedly, the complainant approached this Commission and filed the present complaint on 30.09.2023
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.
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. On perusal of record before us, the cause of action for filing the present complaint arose on 16.08.2020 when the complainant deposited a sum of Rs.1,50,000/- with the OP in three equal installment of Rs.50,000/- each with OP on 13.08.2020, 14.08.2020 and 16.08.2020. Hence, the substantive cause of action for filing the present complaint aroused on 16.08.2020. The complainant has averred in her complaint that she had been given the assurance by OP that her exam would be conducted in the month of August 2021, despite bare version nothing has been placed on record by the complainant to establish that OP has assured her that exam would be conducted in the month of August 2021. If at all we consider the verbal averment of the complainant for the sake of argument that the date of examination was in the month of August 2021 the complainant ought to file the present complaint within two year of the accrual of the cause of action.
The complainant has filed the present complaint on 30.09.2023 i.e after three years and one month of the accrual of the substantive cause of action and if we consider the accrual of cause of action on August 2021 also, the complainant filed the present complaint after expiry of the two years of the accrual of cause of action.
In view of the above discussion we are of the considered view that the present complaint is barred by limitation. Hence dismissed.
File be consigned to record room.
Sanjay Kumar Nipur Chandna Rajesh
President Member Member
