Order No.04.

09-10-2018.   This is a complaint filed u/s.12 of C.P. Act, 1986 on 07-09-2018. On 24-09-2018 being the date of hearing of admission, the complaint appeared to expire limitation of 2 years as prescribed u/s.24A of the said Act.  The complainant sought time to satisfy the Forum.

Today a petition u/s.24A (2) has been filed by the complainant under MA-268/18 praying for condonation of delay and to admit the complaint after condonation of delay. 

It appears that the cheque for Rs.687.84 being no.000825 dated 17-10-2015 issued by the complainant as due payment has been used up by one Mukesh Mali, another a/c. holder of Karur Vysya Bank (A/c. No.4815155000019738 of Vizag Branch) amounting to Rs.2,46,900/- and an amount of Rs,2,00,000/- was withdrawn by said Mukesh Mali on 23-10-2015.

            Thereon, the complainant lodged police complaint on 03-11-2015 followed by letters dated 14-11-2015, 26-11-2015, 01-12-2015 and 29-01-2016.  Complainant made complaint with Karur Vysya Bank on 03-11-2015 and lodged written complaint with Standard Chartered Bank on 04-11-2015.

            The complainant stated to have approached the Insurance Ombudsman that passed order on 25-07-2016.From Karur Vysya Bank letter dated 04-12-2015 stating that the cheque was stolen from Standard Chartered Bank and tampered, it appears that the Bank asked the Prudent Infrarealty P. Ltd to bear with them and asked them to provide them copy of reply from Standard Chartered Bank.

It is not known whether any action has been taken by the bank or on the part of the complainant after the award of Ombudsman or after issue of letter dated 04-12-2015 of Karur Vysya Bank.  The complainant should have followed up the matter with the concerned Banking authority but the complainant failed to do so, and Limitation of 2 years under the C.P.Act expired.

To cover up the long gap of more than 2 years 2 months and keeping in mind to lodge a case with the Forum, the complainant tried to invoke cause of action and sent legal notice on 21-05-2018.  But the complainant cannot invoke cause of action by issuing legal notice, letter etc., vide orders of Hon’ble N.C. in I(2016) CPJ 190(NC), I (2015) CPJ 131 (NC) and II(2018) CPJ 245 (NC). 

            The complainant himself admitted delay of 43 days which has not been explained, whereas delay for each day needs to be explained.

            In the circumstances, the complainant failed to satisfy us regarding condonation of delay and so, we are not in a position to condone the said delay.

            The petition for condonation of delay filed under M.A. No.268/18 is not allowed, rather the Petitionis rejected.  The MA No.268/18 is, therefore, disposed of.

            Consequently, the complaint filed u/s.12 of the C.P. Act is not admitted.

            Reasonably MA 247/18 filed u/s 11(2)(b) of the Actis also disposed of.

            A copy of this order be handed over to the complainant when applied for.