ORDERS ON ADMISSION

1. This complaint is filed seeking following reliefs against OPs.

1. Direct the OP to refund the amount of Rs.19,62,030/- along with 18% compounded interest p.a. from the date of receipt till realization by the complainant.
2. To pay a consolidated damages/ compensation of Rs.15,00,000/- for causing  mental agony and harassment
3. Award cost of this complaint and
4. Pass such other order or   other appropriate relief.

2. According to the complainant, the cause of action arose on 25.02.2015 and on subsequent dates till 04.07.2022. As per allegations made in para-10 of the complaint and email dt.06.09.2017, the OP agreed to refund the amount in ten installments commencing from 10.01.2018 to 10.11.2018. Despite the receipt of intimation, the OP neither refunded amount as per email dt.06.09.2017 nor complied.  The OP promised the complainant to refund the amount  on 01.06.2015. The complainant was supposed  to file  the complaint within two years at least  from November 2018. According to the complainant, the OP promised to refund amount from 10.01.2018 to 10.11.2018. The complainant made number of correspondences. When the cause of action to the complaint arose on 06.09.2017, the complaint was suppose to file by the complainant within two years from 06.09.2017.

3. It is settled proposition of law that subsequent correspondences does not  stop running of the limitation. This reason is supported by decision of Hon’ble National Commission  reported in IV 2011 CPJ 114 The complaint is not filed any application under section 69(2) of C.P.Act,2019 to condone the delay. The complaint is barred by limitation. At this stage, it is relevant to refer the decision of Hon’ble National Commission  in 2022(3)CPR 86 in the matter  between Regional Provident Fund Commissioner-II V/s Puranmal Ghasiram Bhavsar. The Hon’ble National Commission categorically ruled that the point of limitation must be rigorously  construed even though the parties to the proceedings may suffer inconvinced  for not admitting the complaint  on point of limitation. The complaint requires to be not admitted due to limitation. We proceed to pass the following

                   ORDER

1. The complaint not admitted as barred by limitation.
2. Return the documents to the complainant. close the file.

  LADY MEMBER         MEMBER              PRESIDENT