PER SHRI. S.B.DHUMAL - HON’BLE PRESIDENT :
 

1) Heard Complainant Mr.A.Hariprasad.

 

2) It is the case of the Complainant that Opposite Party invited the funds from the public for investment in their Fixed Deposit Scheme at the interest of 19.36 % p.a. The Complainant deposited Rs.15,000/- under the aforesaid scheme with Opposite Party and the Opposite Party has issued Fixed Deposit receipt for the same on 06/12/1996. The aforesaid Fixed Deposit was for the period of 47 months i.e. from 22/11/1996 to 22/10/2000. After maturity the Complainant had sent several reminders to the Opposite Party to make the payment of the said Fixed Deposit amount with interest. He wrote number of letters to Opposite Party but the Opposite Party has failed and neglected to pay the Fixed Deposit amount. The Complainant had informed the matter to Senior Inspect of Police Economic Offence Wing, Crime Branch, Mumbai, but he has not received Fixed Deposit amount from the Opposite Party. Thereafter on 17/08/2009 he issued legal notice through his advocate to the Opposite Party but, Opposite Party did not comply with the notice and therefore, he has filed this complaint before this Forum. In the Para No.10, it is averred that the present complaint is within the period of limitation.
 

3) As per the provision of Section 24(A) of the Consumer Protection Act, 1986 the District Forum, State Commission or National Commission shall not admit a complaint unless it is filed within 2 years from the date on which the cause of action has arisen.

 

4) In the instance case cause of action arose on 22/10/2000 when Fixed Deposit became matured. As per the Complainant, thereafter he wrote several letters to the Opposite Party but Opposite Party has failed and neglected to pay the Fixed Deposit amount. Inspite of complaint to the police, he could not get his amount so on 17/08/2009 he had sent notice through his advocate but Opposite Party has not sent reply to the said notice. Absolutely there is no evidence on record to show that the Opposite Party has followed re-scheduled program of repayment of Fixed Deposit stated in their letter dated 01/01/2001. As per re-scheduled programme the Opposite Party was supposed to repay entire Fixed Deposit amount with interest within 5 years but they have not paid Fixed Deposit amount to the Complainant till today. After 01/01/2001 at any time Opposite Party has not acknowledged their liability. As per provision of Section 24(A) of the Consumer Protection Act, 1986, the Complainant ought to have filed complaint before this Forum within two years from the date of cause of action. Complaint is not filed within prescribed period of limitation. There is no application for condonation of delay. On the contrary it is averred in the complaint that the complaint is within the period of limitation.
 

5) As discussed above, present complaint is hopelessly barred by law of limitation. The Complainant has not shown any sufficient ground for the delay, therefore, complaint deserves to be dismissed. Hence we pass the following order -
 

O R D E R