Haryana

Karnal

CC/167/2023

Ram Dass - Complainant(s)

Versus

Manager Primary Agril Coopeative Society (PACS) - Opp.Party(s)

Kanwar Preet Singh

16 Mar 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                          Complaint No. 167 of 2023

                                                          Date of instt.15.03.2023

                                                          Date of Decision 16.03.2023

 

1.     Ram Dass son of Shri Babu Giri.

2.     Dharam Pal Saroha son of Shri Lal Singh.

3.     Pala Ram son of Shri Bijja Giri.

4.     Rulha Ram son of Shri Sangat Ram.

resident of village Uncha Samana, Tehsil and District Karnal.

 

                                                 …….Complainants.

                                              Versus

 

1.     Manager, Primary Agriculture, Cooperative Society (PACS), village Uncha Samana, Tehsil and District Karnal.

2.     Assistant Registrar, Cooperative Societies, 217, Sadar Bazar, Darbai Lane, Near Ravi Dass Mandir, Karnal.

 

                                                                       …..Opposite Parties.

 

      Complaint u/s 35 of the Consumer Protection Act, 2019

 

Before   Sh. Jaswant Singh……President.       

      Sh.Vineet Kaushik ………..Member

      Dr. Rekha Chaudhary…..Member

 

 Present: Sh.Kanwar Preet Singh, counsel for the complainant.

                                        

                (Jaswant Singh President)

ORDER:                    

 

                Complaint presented today. It be checked and registered.

 

                        The complainants have filed the present complaint u/s 35 of the Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that complainants are having a bank accounts with the OPs since 11.03.1996, vide saving bank account no.5004 in the name of Dharampal, saving bank account no.724 in the name of Pala Ram, saving bank account no.1033 in the name of Rulla Ram and saving bank account no.5027 in the name of Ram Dass respectively and OP no.2 is having such control over the affairs of OP no.1. In the year 2016-2017, an amount of Rs.40,000/- from the account of Dharampal, amount of Rs.1,55,000/- from the account of Pala Ram, amount of Rs.1,14,000/- from the account of Rulla Ram and amount of Rs.85,000/- from the account of Ram Dass and the entries of the same of money which was fraudulently taken out was also even not shown in passbook and by manipulating their sign from their bank account and in his regard one complaint was also given to the OP on 28.11.2017 as well as concerned police station but the FIR was got lodged after lapsed of four years, when the complainants moved the application before C.M. Window and other concerned officials and FIR no.95 dated 18.03.2021 u/s 420, 467, 468, 471, 120B IPC in police station Madhuban against Rajender Kumar and Ram Kumar and further one complaint has also given before the OP no.2, vide letter dated 26.05.2020, where in that enquiry the information regarding the same was forwarded to the S.P. Karnal regarding the said fraud but there was no whisper regarding the amount which was withdrawn by the employee of the OP no.1 as the complainants are the customer of the OPs and they are duty bound to compensate the complainant or loss which they have suffered. In this regard one more complaint was also given in May, 2022 but to no response till date as the money involved is not taken care of whereas as per the policy of Government, if any, fraud is committed then they have liability of Rs.5,00,000/- compensation to the aggrieved person and stands taken by the OPs that they have lodged the FIR against the culprits. The hard money of the complainants has been embezzled by the officials of OP and they are duty bound to compensate the complainants. Complainants have moved an application and even orally met the officials of the OPs so many times regarding their fraud but every time the reply was from the officials of OPs that the matter is pending before the police and whenever the matter will be decided they will reimburse the amount of the complainant. Then complainant sent a legal notice dated 08.02.2023 to the OPs and OPs had given the reply on 02.03.2023 wherein the claim has been admitted but no sufficient time has given to them. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence this complaint.

2.             Arguments on the point of admissibility heard.

3.             As per version of the complainants, they are consumer of the OPs since the year 1996. In the year 2016-2017, an amount of Rs.40,000/- from the account of Dharampal, amount of Rs.1,55,000/- from the account of Pala Ram, amount of Rs.1,14,000/- from the account of Rulla Ram and amount of Rs.85,000/- from the account of Ram Dass were fraudulently taken out and the said amount were not shown in passbook by manipulating their sign from their bank account. In this regard, complainant made a complaint to OPs on 28.11.2017 as well as concerned police station An FIR no.95 dated 18.03.2021 u/s 420, 467, 468, 471, 120B IPC in police station Madhuban against Rajender Kumar and Ram Kumar and further one complaint has also given before the OP no.2, vide letter dated 26.05.2020, where in that enquiry the information regarding the same was forwarded to the S.P. Karnal regarding the said fraud. Complainants are the customer of the OPs and they are duty bound to compensate the complainant or loss which they have suffered.

4.             Now the question arises for consideration is that whether the present complaint is well within period of limitation or not?

5.             Limitation for filing a complaint has been described under Section 69 of Consumer Protection Act, 2019 which is reproduced as under:-

1. The District Commission, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.
2. Notwithstanding anything contained in sub-section (1), a complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Commission, the State commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period:

Provided that no such complaint shall be entertained unless the District Commission or the State Commission or the National Commission, as the case may be, records its reasons for condoning such delay.

6.             As per aforesaid Section of Consumer Protection Act, the limitation for filing a complaint is of two years from the date on which the cause of action has arisen. In the present complaint, complainants had alleged that in the year 2016-2017 the above mentioned amounts were fraudulently taken out. Complainants had sent legal notice to OPs in the year 2023. By only sending a legal notice, does not extend the limitation period.  Hence the limitation of the filing of the present complaint starts from the year 2016-2017. During the period from the year 2016-2017 to 2023 there is no correspondence between the parties except letter dated 06.08.2020. Moreover, there is no separate application, on the file to condone the delay or has not made prayer for condonation in the complaint and no sufficient cause has been shown by the complainants for not filing the complaint within limitation period prescribed in Consumer Protection Act, 2019. The cause of action has arisen in the year 2016-2017 but complainants have filed the present complaint in the year 2023 i.e. after the gap of more than five years. Thus, the present complaint is hopelessly time barred. Moreover, complainants had got lodged the FIR no.95 dated 18.03.2021 and the investigation is still pending, this fact is also proved from the reply dated 02.03.2023 of legal notice. Hence,  the present complaint is also premature at this stage.  

7.             Thus, in view of the above, the present complaint is devoid of any merits and same deserves to be dismissed and same is hereby dismissed. Party concerned be communicated of the order accordingly and file be consigned to the record room.

Announced
Dated: 16.03.2023

  President,       

           District Consumer Disputes                          

Redressal Commission, Karnal.

 

 

                      (Vineet Kaushik)          (Dr. Rekha Chaudhary)           

                          Member                           Member