Order No.  2  dated  13/10/2014

Authorized representative of complainant is present and submits the case. Upon considering his submissions and on careful scrutiny of the entire materials on record we find that the cause of action arose on 15.6.12 and on 3.7.12 mother of the complainant communicated to o.p. which was received by o.p. on 6.7.12 and the said petition has been annexed by complainant as annex-Nil running page no.4. In the said letter complainant requested the o.p. to refund her the legitimate amount since her son is not in a position to continue study at the school of o.p.

            It appears from the record that there is no communication between the date of cause of action and before completion of two years from date, but surprisingly enough that a communication has been made by the father of the complainant to o.p. dt.18.9.13 to create a cause of action which is not enough to substantiate to condone the delay since the guardian of the complainant has decided not to continue study of the son to o.p. very well within one month of date of admission.

            As such, the letter dt.18.9.13 cannot be responsible to create any cause of action substantially. Under such circumstances, the complaint petition is rejected being barred by limitation.

            Besides, complainant prayed to refund money from o.p. with interest which is absolutely civil in nature. Hence, this Forum is not competent to pass any order in respect of refund of money since o.p. has not made any deficiency because complainant suo moto decided not to study over there, but as per his sweet will he refuses to study over there and prayed for refund of money.