Delhi

New Delhi

CC/48/2021

Central Cottage Industries - Complainant(s)

Versus

M/S. The Oriental Insurance Company Ltd. - Opp.Party(s)

01 Mar 2021

ORDER

 

 

 

 

01/03/2021                                                                                                  CC .No.48/2021

                                                            ORDER

 

            It is stated that the complaint bearing no. 455/2016 was returned to the complainant vide order dated 05/12/2019 passed by this Commission on the ground that this Hon’ble Commission did not have the requisite pecuniary jurisdiction to decide the complaint.

It is further argued that vide gazette notification dated 15/07/2020, the Consumer Protection Act, 2019 stands notified with effect from 20/07/2020, whereby the pecuniary jurisdiction of this Hon’ble Commission stands enhanced to Rs. 1,00,00,000/-, therefore, it is respectfully submitted that this Hon’ble Commission has the necessary pecuniary jurisdiction to adjudicate the present complaint.

Further, the complainant is also entitled to benefit under Section of the limitation Act, 1963, in as much as the period from date of institution of the CC no. 455 of 2016 till the passing of order dated 15/12/2019, returning the complaint on grounds of lack of pecuniary jurisdiction is liable to be excluded from computation of the period of limitation. An application Under Section 5 Read with Section 14 of the Limitation Act, 1963 for condoning the delay of 323 days filed by the complainant.

            After going through the arguments of Sh. T.K. Nayak, counsel for complainant, it is very clear that the Consumer Protection Act 2019 is prospective in nature, so the order of erstwhile Forum dated 05/12/2019 is still in operation. Hence, the present complaint is without merit and the same is dismissed. There is no purpose to file the application Under Section 5 Read with Section 14 of the Limitation Act, 1963 as the complainant was at liberty to file its complaint before Hon’ble State Commission after 05/12/2019 i.e. the order date of this Forum. This clearly suggest the negligence of complainant which has failed to file this complaint.

            File be consigned to Record Room.

 

 

(ARUN KUMAR ARYA )

PRESIDENT

 

 

 

(R.C. MEENA)

MEMBER