BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
Complaint No.:313 of 2014.
Date of Institution: 14.11.2014.
Date of Decision:27.10.2016
Rajesh Kumar son of Sh. Puskar Dutt, resident of Near Bhuto Ka Mandir, Naya Bazar, Bhiwani.
….Complainant
Versus
- I.S.P.A. Education Centre, H. No. 2, Gali No. 2, Jagat Colony, Opp. Rest House, Bhiwani through its Prop. Ravindera Kumar Singh son of Dr. R.N. Singh.
- Ravindera Kumar Singh son of Sh. R.N. Singh, resident of H. No. B-189, Sector-11B, Karkhunj Road, Avas Vikas Colony, Agra (U.P.)-282002.
…...Opposite Parties
COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT.
BEFORE: - Shri Rajesh Jindal, President
Ms. Anamika Gupta, Member
Mrs. Sudesh, Member
Present:- Shri R.N. Rohilla, Advocate, for complainant.
Shri S.K. Sheoran, Advocate for Ops.
ORDER:-
Rajesh Jindal, President:
By this order we will dispose of the application for dismissing the complaint moved by OP no. 2. Reply of which has also been filed on behalf of the complainant.
2. Brief facts of the case are that he had deposited a sum of Rs. 40,000/- on 16.05.2009 in the saving Bank account of OP no. 2 in account No. 01211330008539 in HDFC Bank, Bhiwani as required by him for giving the coaching and supply the sturdy material/books and expert professional notes for better education and getting the admission in Ph.D. in English. It is alleged that the OPs failed to run the coaching centre at Bhiwani and also failed to supply the requisite study material/books and Expert professional notes to the complainant. It is alleged that he contacted many times telephonically to the Ops, but OPs always promised to pay the amount alongwith interest and they lingering the matter on one pretext or the other. It is alleged that the complainant got served legal notice dated 13.05.2014 upon the OP no. 2 to make the payment of study material but to no avail. The complainant further alleged that due to the act and conduct of the respondents, he had to suffer mental agony, physical harassment and financial losses. Hence, it amounts to deficiency in service on the part of respondents and as such he had to file the present complaint.
3. We have gone through the record of the case carefully and have heard the learned counsels for the parties.
4. Learned counsel for the Ops contended that as per the allegation of the complainant he deposited the fee of Rs. 40,000/- on 16.05.2009 and present complaint has been filed by the complainant on 14.11.2014 beyond the period of limitation of 2 years. Hence the complaint of the complainant is time barred. He further stated that the OP no. 2 is residence of Agra (UP) and is not having any office or branch within the territorial jurisdiction Bhiwani. Therefore, this District Forum has no territorial jurisdiction to try and decide the complaint.
5. Learned counsel for the complainant reiterated the contents of reply of the application. He submitted that OP no. 2 has refused to make the payment to the complainant in the month of April 2014 and as such the complaint is within limitation. He further submitted that the OP no. 2 has compromised in a case titled as Pardeep Bhardwaj Vs. Dr. Ravindera Kumar Singh and made the payment of Rs. 45,000/- to him.
6. In the light of the pleadings and arguments of the parties, we have perused the relevant material on record. The complainant has not adduced any cogent evidence in support of his contention that the OP no. 2 has denied to make the payment in April 2014. No letter or correspondence of OP no. 2 has been brought on the file by the complainant. No application for condonation of delay has been moved by the complainant. On the issue of territorial jurisdiction nothing has been stated by the complainant in his reply to the application. Considering the facts of the case, we found force in the arguments of the counsel for the Ops, that the complaint has been filed by the complainant beyond the limitation period of 2 years as envisaged under Section 24 (a) of the Consumer Protection Act and this District Forum has no territorial jurisdiction to try and decide the present complaint. Resultantly, the complaint of the complainant is dismissed on the both grounds of limitation as well as on the ground of territorial jurisdiction. Certified copies of the order be sent to the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated: 27.10.2016.
(Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Anamika Gupta) (Sudesh)
Member. Member.
