Haryana

Karnal

CC/760/2019

Jas Karan - Complainant(s)

Versus

Indian Post Office - Opp.Party(s)

Pardeep Singh

14 Nov 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No. 760 of 2019

                                                          Date of instt.13.11.2019

                                                          Date of Decision 14.11.2019

 

Jas Karan aged about 21 years son of Shri Bhagwan Singh resident of village Sambhli, Sub Tehsil Nissing, Tehsil and District Karnal.

 

                                                …….Complainant

                                        Versus

 

1. Indian Post Office, Branch village Sambhli, District Karnal, through its Incharge.

2. Indian Post Office, Head office, Kunjpura Road, Karnal, through its Incharge.

3. Indian Post Office, Branch village Nighdu, District Karnal, through its Incharge.

                                                                         …..Opposite Parties.

 

           Complaint u/s 12 of the Consumer Protection Act. 

 

Before    Sh. Jaswant Singh……President. 

                Sh. Vineet Kaushik……Member

                Dr. Rekha Chaudhary…….Member

 

 Present:  Shri Pardeep Singh Chauhan Advocate for complainant.

                 

                   (Jaswant Singh President)

ORDER:                    

 

                Complaint presented today. It be checked and registered.

                        The brief facts of the case is that the mother of the complainant namely Smt. Gurdish Kaur (now deceased) during her life time was maintaining a Saving Account in the office of the OP no.1 bearing Account no.904852, which was opened, vide PR no.22 on 04.01.2007.  After the death of his mother, complainant being legal heir of his mother approached the OP no.1 for getting withdrawing the amount lying with the OPs but OPs did not give any satisfactory reply and also did not disclose the fact how much amount is lying in the post office account including interest etc. On asking of OP no.1 complainant approached the OP no.3 for knowing the status of the account of her mother but OP no.3 also did not give any satisfactory reply. In this way there was deficiency in service on the part of the OPs. Hence complainant filed the present complaint.

2.             A perusal of the complaint, it is clear that policy in question has been taken by the deceased in the year 2007. As per death certificate insured died on 1.5.2009 and the present complaint has been filed by the complainant on 13.11.2019 after about more than ten years is not within limitation, because the period of limitation for filing complaint is two years from the date of accrual of the cause of action. Neither in the complaint any sufficient cause has been given for not filing the complaint within prescribed period of limitation of two years nor application for condonation of delay as envisaged Section 24A of the Consumer Protection Act, was filed.

3.             As a sequel to aforesaid discussion, we arrive at the conclusion that the complaint filed by the complainant is time barred by under Limitation Act. Consequently, the complaint is dismissed. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:14.11.2019

                                                                       

                                                                  President,

                                                           District Consumer Disputes

                                                           Redressal Forum, Karnal.  

 

(Vineet Kaushik)          (Dr. Rekha Chaudhary)

        Member                     Member