NCDRC

NCDRC

RP/1964/2009

BACHNA RAM BHADHI - Complainant(s)

Versus

JAIDIV NATH - VIJAY KUMAR BHALLA - Opp.Party(s)

IN PERSON

19 May 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1964 OF 2009
 
(Against the Order dated 08/10/2008 in Appeal No. 1189/2006 of the State Commission Punjab)
1. BACHNA RAM BHADHI
R/o.Ashok Vihar Colony Nokadar.
Jalandhar
Punjab
...........Petitioner(s)
Versus 
1. JAIDIV NATH - VIJAY KUMAR BHALLA
Timber Merchants.Railway Road, Nakodar
Jalandhar
Punjab
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R. K. BATTA, PRESIDING MEMBER
 HON'BLE MR. ANUPAM DASGUPTA, MEMBER

For the Petitioner :
Ms. Surekha Raman, Advocate
(Amicus Curiae)
For the Respondent :
Tarveen Singh Nanda, Advocate

Dated : 19 May 2011
ORDER

PER MR.JUSTICE R.K. BATTA, PRESIDING MEMEBR Heard learned amicus curiae appearing on behalf of the Petitioner and learned Counsel appearing on behalf of the Respondent. The Complainant had purchased wood from the Respondent during April-July, 2003 and according to the Complainant excess amount was charged in respect of the purchase of the wood on the second occasion to the extent of Rs.16,698/- . The Complainant had, therefore, approached the District Forum. The complaint filed by the Petitioner was dismissed by the District Forum on the ground that it was barred by limitation. The appeal filed by the Petitioner was also dismissed by the State Commission. Admittedly, the cause of action had arisen in July, 2003 when the Complainant was overcharged in respect of the wood purchased by him on the second occasion. The Petitioner filed a complaint on 6 .4.2004 before the District Forum which was well within the period of limitation. The said complaint was returned back to the Petitioner by the District Forum in order to complete the formalities vide letter dated 2.6.2004. According to the Petitioner, he had presented the complaint again on 12.10.2004 (Diary No. 186 dated 14.12.2004). However, it appears that the District Forum did not take any action on the said complaint which was re-presented. It also appears that subsequently the Petitioner filed another complaint on 4.1.2006 which was treated as a fresh complaint altogether and it is on the basis of filing of this complaint that the District Forum as also the State Commission had come to the conclusion that the complaint was barred by limitation. In our opinion, the conclusion arrived at by the fora below is not correct since the complaint had re-presented the complaint in December, 2004. The complaint which was filed by the Complainant on 4.1.2006 has to be treated in continuation with the earlier complaint filed by him and the same could not be treated as fresh complaint. In view of this, we hold that the orders of the fora below holding that the complaint was barred by limitation are not correct and are required to be set aside. In view of the above, the revision is allowed and the orders of the fora below are set aside. The matter is remanded to the District Forum to deal with the complaint in accordance with law. The parties shall appear before the District Forum on 12.7.2011 for fixing the date of arguments.

 
......................J
R. K. BATTA
PRESIDING MEMBER
......................
ANUPAM DASGUPTA
MEMBER

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