ORDER DICTATED BY SRI H.M.SHIVAKUMARASWAMY, PRESIDENT

        This complaint is filed for a direction to the opposite parties to pay a sum of Rs.14,65,000/- with interest and compensation.

After hearing advocate for complainant, this matter is set down for orders.

        The points that arise for consideration of this Forum are as under :-

1. Whether the complaint is barred by limitation?
2. To what order?

Our findings on the above points are as follows:-

Point No.1:- In the affirmative.

Point No.2:- As per the final order.

REASONS

Point No.1:- During arguments, counsel representing the complainant submits that the present complainant has deposited as per original bonds Rs.50,000/- on 17.04.2000 and maturity date is 17.04.2002, another for Rs.1,50,000/- deposited on 13.07.2001 and maturity date is 13.07.2002, another for Rs.3,00,000/- deposited on 14.08.2001 and maturity date is 14.08.2002, another for Rs.2,00,000/- deposited on 30.03.2001 and maturity date is 30.03.2004, another for Rs.2,00,000/- deposited on 07.04.2003 and maturity date is 07.04.2006, another for Rs.1,00,000/- deposited on 01.10.2001 and maturity date is 01.10.2004, another for Rs.2,00,000/- deposited on 26.04.2000 and maturity date is 26.04.2002, another for Rs.1,90,000/- deposited on 17.04.2000 and maturity date is 17.04.2003 and another for Rs.75,000/- deposited on 28.10.2008 and maturity date is 28.10.2009, for recovery of the said amount with interest, this complaint is filed.  In para 7 it is alleged interest on F.D. was receiving by the complainant and the last monthly interest received is in the month of February 2010, thereafter opposite parties stopped paying interest in spite of oral requests, payment was not made and finally on 14.12.2014 the complainant approached the opposite parties in Mysore Jail and demand payment which was denied by the opposite parties i.e. the date of cause of action to file this complaint.  But, the say of the complainant cannot be accepted for the simple reason that the date of maturity of the claim in these deposits are 17.04.2002, 13.07.2002, 14.08.2002, 30.03.2004, 07.04.2006, 01.10.2004, 26.04.2002, 17.04.2003 and 28.10.2009 if these dates are taken into consideration, the present complaint is hopelessly barred by limitation as per the provision of section 24(A)(1) of C.P.Act and thereby, the complaint is liable to be dismissed on the point of limitation.  This view of the Forum is supported by the judgements of the Hon’ble National Commission in the following two cases:

1. I (2015) CPJ 105 (NC) – Appu Mangarathnam Vs. Shai Sha Finance and Chits and another.
2. IV (2014) CPJ 509 (NC) – Richard Raja Singh and others Vs. Ford Motor Company Ltd.,

The Hon’ble National Commission in these cases clearly observed that the date of demand or date of legal notice will not give raise to any fresh cause of action and the say of the complainant that the cause of action starts on 14.12.2014 when opposite parties denied the demand cannot be accepted.  Hence, the Point No.1 answered in the affirmative.

Point No.2:- In view of the above findings recorded on point No.1, the present complaint is not filed well within two years from the date of respective maturity dates and claim is barred by limitation. Hence, we pass the following order:-

ORDER

Complaint is dismissed as barred by limitation.

Return the original bonds to the complainant or his counsel.