Date of Filing:   07.12 .2022.                                                 Date of Disposal: 28.05.2024

  Complainant-            Sukanta Mondal, Vill. Sankarpur, P.O. Radhakantapur, P.S . Memari, Dist.  Purba Bardhaman.

                              Vs.            

Opposite Party – Branch Manager, India Auto Service, Memari Mokdam Market, P.O. & P.S. Memari, Dist.  Purba Bardhaman, Pin-713146.

Present                       : Mrs. Lipika Ghosh -           Hon’ble President-in-Charge.

: Mr. Atanu Kr. Dutta.                     - Hon’ble Member.

Order Date: 28.05.2024

 The matter of condonation of delay u/S 69(2) of the C.P. Act, 2019 in the form of M.A. case being No. 106/2022 is taken up for passing order.

The petition is related to 209 days delay in filing the complaint bearing case No.CC- 197 /2022 with regard to cause of action and to condone it .

The contention under this petition is, the complainant stated that on 12.02.2020 the complainant has purchased a two-wheeler/ motorbike from the OP No.1 for a total amount of  Rs. 96,260/- . The OP only handed over the Insurance papers in respect of the said Bike. But they failed to provide any documents pertaining to the registration of the Bike and payment of tax, within the stipulated period of time. The complainant on innumerable occasions visited the office of the OP and requested them to hand over the documents , in respect of the said Bike and each and every occasion , the OP falsely assured the complainant that they will hand over the documents within a short period of time  . The OP failed to give satisfactory reasons against their such unfair and illegal activities. The complainant came to learn that the OP failed to complete the process of registration of the vehicle, in the name of the complainant, till date.

On 11.07.2022 the complainant had been at the office of the OP and requested them to return back the money paid to them, as they w2ere unable to provide such documents to the complainant. At that time the OP flatly denying to give those documents in favour of the complainant. Not only that, the OP abused filthy language upon the complainant. It is encumbering duty of the OP to prove all those documents, especially for which the complainant has paid for. The complainant sent a Legal Notice, addressing to the OP stating inter alia the entire fact and requested them to hand over the Blue Book, Tax, No. Plate immediately to resolve the issue and further, in alternative, it was requested to refund the amount by taking back the vehicle of the complainant but the OP did not take any single step to resolve the issue. On 12.08.2022 the OP sent reply of the Legal Notice and prayed for more time.

The cause of action in filing the suite arose for the first time on 12.02.2020 when the complainant purchased the vehicle and subsequently on 11.07.2022, when the OP refused to provide any such documents and to return the money as stated above. Thereafter, on 12.08.2022 when the complainant received reply of the Legal Notice, from the OP. The cause of the action is still continuing, as the OP failed to redress the grievances of the complainant. The complaint should be filed within two years from 12.02.2020, then the case should be filed within 12.02.2022 . But the OP time to time gave assurance to hand over the necessary documents even the OP by s ending the reply of the Legal Notice on 12.08.2022 intimated the complainant that they are very much eager to resolve the issue . But it will take time. For the reasons stated above, the case could not be filed within the statutory period and as many as 209 days have been cropped up in filing the case. Furthermore, the Hon’ble Supreme Court in the suo motu Writ Petition No. ( C) 3 of 2020 clarified that the period from 15.03.2020 till 28.02.2022 shall also stand excluded in computing the period of limitation, as prescribed under Limitation Act and prays to condone the delay.  

Perused the case record and the petition of this M.A. case.

On 07.12.2022, the OP appeared through Vokalatnama and filed a petition for time to file W/O but the OP did neither take any step nor file any W/O till now.

 We have gone through the Order of the Hon’ble Apex Court passed in Misc. Application wherein order directing that the period from 15.03.2020 till 28.02.2022 shall stand excluded for the purpose of limitation as may be prescribed under any general or special laws in respect of all judicial or quasi-judicial proceedings. 

Under the above facts and circumstances of the case and considering the submission of the complainant, we opine,   that the petition filed by the complainant under the provision of

69(2) of the C.P. Act, 2019, for condonation of delay, is hereby allowed and the delay for 209  days in filing the complaint is hereby condoned .

Hence, it is

                                           ORDERED

that this M.A. Case being No. 106/2022  be allowed .

          So, the M.A. case being No. 106/2022 is thus disposed of .

Let a copy of this order be given to the parties on free of cost.

                         Member                                                President-in-Charge

              D.C.D.R.C., Purba Bardhaman                    D.C.D.R.C., Purba Bardhaman