DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD
Dated this the 27th day of June 2011
Present : Smt.Seena.H. President
: Smt. Preetha G Nair, Member
: Smt.Bhanumathi.A.K. Member Date of filing: 08/06/2011
(C.C.No.83/2011)
Jiji Joseph,
S/o.P.M.Joseph,
Palakkatharappil,
Kanhiram, Pottassery (PO),
Mannarghat Taluk,
Palakkad - Complainant
(By Adv.John John)
V/s
Union Bank of India,
Rep.by its
Manager,
Pottassery Branch,
Pottassery (PO),
Palakkad District - Opposite party
O R D E R
By Smt.SEENA.H. PRESIDENT
Complaint is with respect to non return of title deeds and other documents deposited with the opposite party bank even after repayment of whole loan amount. Complainant availed loan on 31/7/1990. Complainant closed the above liability in the year 2000. Documents were not taken back since there was another loan pending. On 10/5/2007 complainant approached opposite party for getting back the documents, but opposite party did not returned. Complainant also issued a lawyer notice on 19/5/2007. Hence complainant prays for an order to return the documents alongwith compensation.
Complainant alongwith with the complaint has filed an application under Sec.5 of Limitation Act for condoning delay of 709 days in filing the complaint. The reason stated is that complainant was contacting the opposite party over telephone and further he was residing in Chennai for job purpose and hence could not file the complaint.
Complaint was posted for hearing on admission. Complainant represented and submitted party not turned up. Hence taken for order.
Complainant has stated that the lawyer notice was issued on 19/5/2007. Further stated that the last date for filing complaint was 28/6/2009. Complainant has not filed any application Under Section 24 A (2) of the Consumer Protection Act for condoning delay. Further in the application filed also no sufficient ground for condoning delay is stated. Complainant was not present for hearing on admission also.
Consumer Protection Act specifically lays down the time frame within which complaint has to be filed. This complaint is seen to be filed out of time and the delay is not properly explained also. Hence without going into the merits of the case we dismiss the complaint.
Pronounced in the open court on the 27th day of June 2011.
Sd/-
Seena.H
President
Sd/-
Preetha G Nair
Member
Sd/-
Bhanumathi A.K
Member
