MS. NIPUR CHANDNA, MEMBER
ORDER
10.10.2024
1. A complaint under Section 35 of Consumer Protection Act filed by complainant thereby alleging deficiency in service on the part of OP. In brief the facts of the complaint are that the complainant had taken three loans against property from OP vide loan account no. XOHEDEI00003117288 for loan amount of Rs. 1,78,00,000.00/-, vide loan account no. XOHEDEI00003397740 for loan amount of Rs. 2 Lakh, vide loan account no. HE02DEI00000011772 for loan amount of Rs. 20 Lakh.
2. It is alleged by the complainant that he is regularly paying the EMIs of the aforesaid loans to the OP. The complainant requested OP to foreclose the aforesaid loan account and requested him to provide the NOC in respect to the same. It is alleged by the complainant that the OP accepted the foreclosure request but arbitrarily charged foreclosure charges on the aforesaid loan accounts for a total sum of Rs. 4,21,949.95/- which is illegal and unjustified. The complainant under undue pressure was compelled to pay the aforesaid foreclosure charges to the OP as he wants to foreclose the aforesaid loan accounts. It is requested that the complainant is entitled for the refund of foreclosure charged levied by OP as per the RBI circular dated 22.10.2020. The complainant approached on various occasions to the OP for getting refund the illegal foreclosure charged levied by OP, but all in vain. Being aggrieved by the conduct of the OP complainant approached this Commission for redressal of his grievance.
3. The present complaint case is on admission stage. We have heard Ld. Counsel for complainant Sh. S.K. Pandey on admission as well as on limitation issue and have perused the record.
4. It is submitted by Ld. Counsel for complainant that the cause of action for filing the present complaint arose on 30.09.2019, 31.12.2019 when the OP sanctioned the aforesaid loan amount. The cause of action further arose on 16.08.2022 when the legal notice was sent by the complainant to the OP as such the cause of action is continuing one and the present complaint case is well within limitation. It is further prayed that present complaint be admitted in the interest of justice.
5. Before adverting to the disposal of the present complaint case 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 Commission , 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 availed the loan from OP in the month of September, 2019 and December, 2019 as per the documents placed on record he foreclose the aforesaid loan account with OP on 04.05.2022, hence, the substantive cause of action for filing the present complaint arose on 04.05.2022. The complainant ought to have file the present complaint within two years of the foreclosure of the loan account with OP i.e 04.05.2024, which complainant failed to do. Admittedly, complainant approached this Commission on 05.06.2024 i.e. after the delay of one month of the accrual of cause of action that too without condonation of delay application in filing the present complaint.
8. In view of the above discussion, we are of the considered opinion that the cause of action for filing the present complaint arose on 04.05.2022. The complainant failed to approach this commission well within limitation and filed the present complaint on 05.06.2024 i.e. after the delay of one month that too without any condonation of delay application. The present complaint is therefore, barred by limitation, hence, dismissed.
File be consigned to record room.
9. 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 21.10.2024.
SANJAY KUMAR NIPUR CHANDNA
PRESIDENT MEMBER
