Delhi

New Delhi

CC/1128/2010

Fourth Generation Mobiles Retailing & Broadband Sevices Pvt.Ltd. - Complainant(s)

Versus

M/S. Barclays Bank Plc - Opp.Party(s)

09 Jul 2019

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC/NO.1128/2010                                Dated:

In the matter of:

M/s  Fourth Generation Mobiles,

Retailing  and Broadband Services Pvt. Ltd.,

Flat No.25, 1^st Floor,

Shankar Market,

Connaught Place,

New Delhi-01.

                                                 ……..COMPLAINANT

VERSUS

Barclays Bank PLC

Ground Floor, Eros Corporate Tower,

Nehru Place,

New Delhi-19                                                                                                                                         ……….Opposite Party

 

NIPUR CHANDNA, MEMBER

ORDER

 

The complainant has filed the present complaint against the OPs under section 12 of Consumer Protection Act, 1986.  The gist of the complaint is that the complainant is Pvt. Ltd. Co. duly incorporated under the Provision of Co. Act. 1956. The representative of OP approached the complainant’s Co. to open the bank account and further assured that no difficulty regarding the billing, after sale service, banking transaction etc. would be caused to  complainant’s Co.  Believing on the assurance of  OP, the complainant paid a sum of Rs.7,58,430/- by way of two cheques for a sum of Rs.3,43,750/- and Rs,4,14,680/- respectively to the OP.   At the time of accepting these cheques, the official of OP obtained the signature of the complainant’s Co. on various documents.  Despite encashment of the cheque, OP failed to open the account as assured by it.  The complainant’s Co . approached OP on various occasion to know the status of the account but the official of the OP failed to give any satisfactory reply to it, as such complainant’s Co. asked the OP to refund the deposited amount.  The complainant’s Co.  also sent legal notices to the OP on 16.2.2010 and 12.4.2010 thereby calling upon it to refund the deposited amount.  OP neither replied to the legal notice nor had refunded the deposited amount, hence this complaint.

2.     Complaint has been contested by the OP.  OP filed its written statement in which it denied any deficiency in services on its part.  It is stated that complainant is not a consumer under section 2 1(d) of CP Act as the services was availed by the complainant for Commercial purposes.  It is further submitted that  the complainant had applied for the Commercial loan i.e. working capital credit facilities of Rs.50,000,000/-.  Pursuant to the request of the complainant’s Co. a credit facility of Rs.50,000,000/- was sanctioned vide letter dt. 12.3.2008.  As a part of sanction, complainant was required to pay limit loading charges i.e processing fee @ 1.35% plus service tax on the entire loan amount.  Accordingly, the complainant’s Co deposited processing fee of Rs.7,58,430/-.  Hence,  the relationship between the complainant’s Co . and OP is Commercial relationship  and not of consumer and service provider.  Moreover, the present complaint is barred by limitation, hence needs to be dismissed on this sole ground.

3.     Both the parties have filed their evidences by way of affidavit

4.     We have heard argument advance at the Bar and have perused the record

5.  The counsel for OP has strongly challenged the question of limitation hence, need to be decided first.  

 

 As per section 24(A) of Consumer Protection Act, 1986 : -

1. The District Forum, 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 subsection (1). A complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Forum, the state commission or the National Comission , 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 National Commission , the State Commission or the District Forum, as the case may be records its reason form condoning such delay.

6.     On the point of limitation, we are guided by the Hon’ble Apex Court in the case title State Bank of India Vs. M/s B.S. Agriculture Industries 2009 STPL 6945 SC – in that case in para 12 the Hon’ble Supreme Court has held as under :-

“As a matter of law, the consumer forum must deal with the complaint on merit only if the complaint has been filed within two years from the date of accrual of cause of action and if beyond the said period, the sufficient cause has been shown and delay condoned for the reason recorded in writing. In other words, it is the duty of the consumer Fora to take notice of section 24 A and give effect to it.

7.     In the present complaint the OP has placed on record the sanctioned letter dt. 12.3.2008. The complainant has itself admitted in its complaint that it had deposited two cheques with OP on 22.2.2008 and 19.3.2008.  The complainant has failed to place on record any documents which shows that any communication was made with the OP regarding the opening of the account as alleged in the complaint.   Whereas OP has placed on record the sanctioned letter dt. 12.3.2008 which shows that the cause of action accrued in the month of March, 2008.  Complainant ought to have filed the present complaint within 2 years of the accrual of cause of action.  The complainant has filed the present complaint on 15/09/2010 whereas the cause of action i.e. the sanctioned letter was issued on 12/03/2008.

 

8.     In view of the above discussion and the judgment cited above,  we are of the considered opinion that the cause of action for filing the present complaint accrued vide letter dated 12/03/2008,  the present complaint was filed on 15/09/2010.  The complaint is barred by limitation, therefore, we find no merits in the present complaint, same is hereby dismissed.

 This final order be sent to server (www.confonet.nic.in ). A copy each of this order be sent to both parties free of cost by post.  File be consigned to Record Room.

 

Announced in open Forum on  09/07/2019.

 

    

 (ARUN KUMAR ARYA)

  PRESIDENT

 

 

 

 

(NIPUR CHANDNA)

MEMBER