Assam

Goalpara

CC/16/4

Hafizur Rahman Mondal - Complainant(s)

Versus

Mahindra & Mahindra Financial Service Limited - Opp.Party(s)

Mr. Ayub Jinna

01 Aug 2018

ORDER

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Complaint Case No. CC/16/4
( Date of Filing : 12 Jul 2016 )
 
1. Hafizur Rahman Mondal
Haguripara, Mecherbhita, Lakhipur
Goalpara
Assam
...........Complainant(s)
Versus
1. Mahindra & Mahindra Financial Service Limited
2nd Floor Sadhana House, 570 P.B, Marg Worli, Mumbai
Maharashtra
2. The Branch Manager, Mahindra & Mahindra Financial Service Limited
Goalpara Branch, Pancharatna Road
Goalpara
Assam
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE PRASANTA BURAGOHAIN PRESIDENT
 HON'BLE MRS. SUHANA YEASMIN MEMBER
 
For the Complainant:Mr. Ayub Jinna, Advocate
For the Opp. Party: Mr. Rupraj Ghatak, Advocate
Dated : 01 Aug 2018
Final Order / Judgement

The Petitioner is present through the learned counsel. Heard on the Petition No.92/16 of the petitioner-complaint under Section 5 of the Limitation Act, 1963. It is submitted that the delay in filing of the proceeding under Section 12 of the Consumer Protection Act, 1986 has been caused as the opposite parties assured him for settlement of this suit. But such plea of dragging the complaint by the O.P. does not come with the purview of Section 24 (A) of the Consumer Protection Act, 1986 nor does this plea come under the purview of Section 5 of the Limitation Act. Since suit cannot be considered under Section 5 of the Limitation Act.

Therefore, the petition under Section 5 of the Limitation Act is dismissed and the suit is also dismissed, accordingly.

 
 
[HON'BLE MR. JUSTICE PRASANTA BURAGOHAIN]
PRESIDENT
 
[HON'BLE MRS. SUHANA YEASMIN]
MEMBER

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