CONSUMER DISPUTES REDRESSAL FORUM
PALAKKAD, KERALA
Dated this the 30th day of November, 2012.
Present: Smt. Seena. H, President
: Smt. Preetha. G. Nair, Member
: Smt. Bhanumathi. A.K, Member Date of filing: 23/11/2012
CC /207/2012
P. Ramani Maruvalamma,
Puliyankalath house, - Complainant
Thenkurissi, Thenkurissi P.O,
Palakkad – 678 671
Vs
Managing Trustee,
'LIS' Deepasthambham Project,
39/76. D1, 3rd floor, - Opposite party
Bharathi building,
Mahakavi. G. Road, Ernakulam,
Kochin – 682 011
O R D E R
BY SMT. SEENA.H, PRESIDENT
Complaint in brief:-
Complainant deposited Rs. 9375/- in LIS Deepasthambham project on 13/09/05. It was published in the medias that the amount will be doubled with in a period of one year. Though demanded complainant has not recieved any amount from opposite party for the last 7 years. Hence the complaint.
Complaint posted for hearing on admission. Complainant was absent for hearing and hence taken for orders.
Complainant has deposited the amount in the year 2005 which was assured to be doubled within a year. So cause of action actually arouse on 14/09/2006. As per Section 24(A) , complaint has to be filed within 2 years from the date of cause of action. So at the most complainant has to be filed in the year 2008. Complaint was filed after a lapse of 3 ½ years. No petition to condone the delay filed. No sufficient grounds for delay mentioned the complaint also. Hence we find that complaint is barred by limitation.
Further it is seen that opposite party herein does not reside or carries business within the territorial jurisdiction of the forum. No cause of action wholly or partly seems to arise with in the territorial jurisdiction of the forum. Hence as per sec 11 of Consumer Protection Act, The Forum lacks territorial jurisdiction to entertain the complaint.
Hence without going in to the merits of the case, we dismiss the complaint.
Pronounced in the open court on this the 30th day of November, 2012.
Sd/-
Smt. Seena. H
President
Sd/-
Smt. Preetha.G.Nair
Member
Sd/-
Smt. Bhanumathi.A.K
Member
