West Bengal

Kolkata-II(Central)

CC/239/2020

Classic Enterprises Pvt. Ltd. - Complainant(s)

Versus

ECGC Ltd. Formerly - Export Credit Guarantee Corporation of India Ltd. - Opp.Party(s)

Nafisa Yasmin

27 Nov 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
KOLKATA UNIT - II (CENTRAL)
8-B, NELLIE SENGUPTA SARANI, 7TH FLOOR,
KOLKATA-700087.
 
Complaint Case No. CC/239/2020
( Date of Filing : 16 Oct 2020 )
 
1. Classic Enterprises Pvt. Ltd.
A-6(C) Riico Industrial Area, Kahrani, Bhiwadi - Extn. Bhiwadi, Rajasthan-301019. ALSO AT-19/A, Chitta Ranjan Avenue, P.S. Jorasanko, Kolkata-700001.
...........Complainant(s)
Versus
1. ECGC Ltd. Formerly - Export Credit Guarantee Corporation of India Ltd.
Express Tower, 10th Floor, Nariman Point, Mumbai-400021. ALSO AT- AC Market Complex, 9th Floor, 1, Shakespeare Sarani, P.S. Shakespeare Sarani, Kolkata-700071.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Swapan Kumar Mahanty PRESIDENT
 HON'BLE MRS. Sahana Ahmed Basu MEMBER
 HON'BLE MR. Ashoke Kumar Ganguly MEMBER
 
PRESENT:Nafisa Yasmin, Advocate for the Complainant 1
 
Dated : 27 Nov 2020
Final Order / Judgement

Order No.  03    Date :  27.11.2020

 

The case is taken up for admission hearing.

Heard the Ld. Advocate for the complainant.

Perused the consumer complaint coupled with its annexure thereto. On perusal. of Annexure ‘Q’, it appears to us that the OP  repudiated the claim of the complainant on 31.03.2017. Thus, the cause of action of the instant Consumer Complaint arises on 31.03.2017. According to Section 69 (1) of the C.P. Act 2019, the District Consumer Dispute Redressal Commission shall not admit a compliant unless it is filed within 2 years from the date on which the cause of action has arisen. It is true that the instant Consumer Complainant has been filed on 16.10.2020 i.e. after statutory period of two years.  Complainant has failed to file any condonation of delay application Under Section 69 (2) of the C.P. Act 2019. Therefore, we are not entitled to entertain the instant Consumer complaint and the Consumer Complaint is liable to be dismissed on the ground of limitation.

Hence,

                                                ORDERED

            That the consumer complaint is not admitted and dismissed on the ground of limitation.

 
 
[HON'BLE MR. Swapan Kumar Mahanty]
PRESIDENT
 
 
[HON'BLE MRS. Sahana Ahmed Basu]
MEMBER
 
 
[HON'BLE MR. Ashoke Kumar Ganguly]
MEMBER
 

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.