ORDER ON I.A. No.I
Sri H.M.SHIVAKUMARA SWAMY.
President,
This application is filed under section 24(A)(2) of C.P.Act praying this Forum to condone the delay in filing the complaint.
This application is supported by affidavit of the complainant which reads as under:-
This complaint if filed for the recovery of amount deposited with opposite party No.1 – Chanakya Finance Corporation. The opposite party No.2 to 10 are the partners. Opposite party No.2 – A.L.Nanjundaraje Urs is principal promoter of the opposite party No.1 firm and he is the managing partner and moving force behind the firm. Complainant and opposite party No.2 A.L.Nanjundaraje Urs belonging to minority caste called Urs and the whole of caste people numbering about 30,000 are restricted in habitation to small pockets of the undivided Mysore District, Mysore City, Bangalore City and negligible sprinkles in the undivided District of Bangalore. That all the above said Urs community people are related to each other either by marriage or by blood. Opposite party No.2 is co-brother of my husband’s younger brother. A.L.Nanjundaraje Urs came to be financial entrepreneur that he was during 2010, in crores of rupees of public money, after he has lost his job in ideal jawa which was closed in 1980s.
A.L.Nanjundaraje Urs misinformed and misled the family members by hiding the enormity of his mismanagement of the firm that involved willful deviation from systems and procedures applicable to finance companies. A.L.Nanjundaraje Urs pleaded for appearance from legal action against his firm saying that the liquidity of the opposite party No.1 firm was purely temporary and firm had huge reserves and surpluses in the form of valuable properties like Chanakya Kalyana Mantap with land in the heart of the city and seven houses in Mysore city. This restrained and forbearance of family members on good faith, good will and not due to negligence of the complainant. Thereby, sought for condoning the delay.
After hearing counsel for the complainant, this I.A.No.1 set down for orders:-
The points that arise for consideration of this Forum are as under :-
- Whether the complainant has shown sufficient cause / reasons for condoning the delay?
- To what order?
Our findings on the above points are as follows:-
Point No.1:- In the Negative.
Point No.2:- As per the final order.
REASONS
Point No.1:- As per the pleadings in para 4, the complainant has deposited totally 7 items of F.D. with opposite party No.1 from 06.07.2004 to 18.12.2008. Respective maturity dates are 06.07.2010, 14.01.2010, 15.01.2010, 16.01.2010, 17.01.2010, 18.02.2013 and 18.02.2013. Though the F.D’s are matured long back as could be seen from the Xerox copy produced by the complainant. It is clear that the date of maturity or date upto the date of renewal is taken into consideration, definitely the date of F.Ds from 06.07.2004 up to 18.12.2008, the complainant ought to have been filed the complaint well within 2 years from the date of respective maturity dates. But, all these F.Ds are barred by limitation prior to 17.01.2012 itself. The other last two documents are matured on 18.02.2013 even from that date, the complaint is not filed well within 2 years as contemplated under section 24(A)(2) of C.P.Act. On the other hand, the complaint is filed on 04.09.2015 which is hopelessly barred by the limitation and the reasons assigned as the complainant making some allegations against the opposite party A.L.Nanjundaraje Urs, she has not filed the complaint cannot be accepted. Thereby, the complainant failed to assigned sufficient cause or reason for condoning the delay in filing this complaint. Hence, the Point No.1 answered in the negative.
Point No.2:- In view of the findings recorded on Point No.1, the complaint is liable to be rejected on the ground of limitation. Hence, we pass the following order:-
ORDER
- The I.A.No.1 filed under section 24 (A)(2) of C.P.Act is hereby dismissed, in the result the complaint is dismissed as barred by limitation.
- Return the original documents and also the postal cover to the complainant.
- Give a copy of this order as per Rules.
(H.M.SHIVAKUMARA SWAMY)
PRESIDENT
(M.V.BHARATHI) (DEVAKUMAR.M.C)
MEMBER MEMBER
