Order No.3 Dt.:21/02/2023
Ld. Advocate for the complainant is present. The Complaint Application dated 03/02/2023 is taken up for hearing.
Perused. Considered. Heard the Ld. Advocate for the complainant.
Ld. Advocate for the complainant submits that the complainant delivered one gold ring weighing about 3.0 gm. with stone of 0.940 gm. to the opposite party for making a new ring of the same weight.
The opposite party retained the gold ring and issued a bill of Rs.4,882/- (Rupees Four Thousand Eight Hundred and Eighty Two) only dated 28/08/2012 as delivery date of the gold ring after payment.
Due to prolonged illness the complainant could not receive the gold ring from the opposite party. Thereafter, when the complainant went to the shop of the opposite to receive the gold ring, the opposite party refused to deliver the same at the same amount. Thereafter the complainant issued a legal notice upon the opposite party on 6/06/2022 but in vain.
Hence, this case.
The complainant enclosed one bill vide no.3931 dated 28/08/2012 with the complaint application. This bill reveals the weight and size of gold ring including weight of stone and its making charge. Totaling of Rs.4,882/- (Rupees Four Thousand Eight Hundred and Eighty Two) only and the delivery date was 10/09/2012. Therefore, the cause of action has arisen on 10/09/2012 and the instant case has been filed on 03/02/2023.
The medical papers of the complainant do not reveals that the complainant was suffering from mobility disorder.
Moreover, no document has been filed by the complainant from which it can be ascertained that the complainant deposited one gold ring weighing about 3.0 gm. with stone of 0.940 gm. with the opposite party.
The cause shown in the complaint application for condoning delay in filing the case do not appear as cogent and bonafide.
Therefore, the same cannot be accepted.
The instant case is barred by limitation.
Hence, it is
O R D E R E D
that the Complaint Case be and the same is dismissed without cost.
