DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD
Dated this the 16th day of February 2017
Present : Smt.Shiny.P.R, President
: Smt.Suma.K.P, Member
: Sri. V.P.Anantha Narayanan, Member Date of Filing : 31/01/2017
CC/20/2017
Bindu S Chandran : Complainant
W/o.A.V.Chandran
Anthikkad House,
DPO Road,
Palakkad
(By Adv.Dhananjayan)
Vs
1.M/s.Popular Finance Ltd.
Head Office, Vakayar Post,
Konni (Via), Pathanamthitta District
Kerala – 689 698
Rep.by Authorised Signagtory /
Managing Director
2.M/s.Popular Finance Ltd.
Konni (Via)
Pathanamthitta Dist.
Kerala – 689 698
Managing Director / Manager /
Authorised Signatory
3. Mathew Varghese
Branch Manager
Popular Finance
Chandranagar, Palakkad : Opposite parties
O R D E R
By Smt.Shiny.P.R, President
Complaint is filed alleging deficiency in service on the part of opposite parties. The averment in the complaint is that the complainant had availed two gold loans from opposite parties on 23-2-2013 and 25-2-2013. After availing loan, the complainant has approached the opposite parties for settling the amount by remitting the interest and also to settle the entire loan amount. But the opposite parties were not furnished any statement of accounts and also what the amount the complaint requires to pay to settle the entire transaction and loan. Complainant submits that the cause of action of this complaint arose on and after 23-2-2013 and 25-2-2013 and later when the opposite party has not furnished any details of the gold loan transaction referred above and later on and after 20-8-2016 when the complainant has made a demand to furnish the factual situation of the loan.
Heard on admission. On perusal of complaint and documents produced, it is found that after taking the loan no transaction has been taken place between the complainant and opposite parties till the date of sending legal notice i.e, on 20-8-2016.The cause of action arose in the year 2013. Complaint filed in the year 2017. There was a delay of 4 years. Therefore in our opinion the cause of action for filing the complaint arose when the complainant pledged the gold ornaments before the opposite parties. The complaint should have been filed within two years from the date of pledging the gold ornaments i,e. from 23-2-2013 and 25-3-2013.
In Champaben Atmaram Thakron Vs. Regional Provident Fund Commissioner & Anr., Hon’ble National Commission held that by sending legal notice or by making representation the period of limitation cannot be extended 1(2015) CPJ 131 (NC).
Sec 24 (A) of the Consumer Protection Act 1986 which prescribes the period of limitation for admitting a complaint reads as under.
“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”.
In V.N.Shrikande (Dr) V Anita Sena Fernandas IV 2010 CPJ 27 (SC) the Hon’ble Supreme Court observed that Sec 24 A (1) contains a negative legislative mandate against admission of a complaint which has been filed after two years from the date of accrual of cause of action. It was further observed that the Consumer Forums do not have the jurisdiction to entertain a complaint if the same is not filed within two years from the date on which the cause of action has arisen. The Apex court held that if the complaint per se barred by time and the does not seek condonation of delay under Sub Section 24 (2), the Consumer Forums will have no option but to dismiss the same.
Hon’ble Apex court in case of Kandimalla Raghavaiah & Co V National Insurance Co Ltd and another (III 2009 CPJ 75 SC) held that it is the duty of the Consumer Forum to take notice of Sec 24 A and give effect to it . If the complaint is barred by time and yet, the consumer Forum decides the complaint on merits, the Forum would be committing an illegality and, therefore, the aggrieved party would be entitled to have such order set aside.
In the above circumstances we are of the view that complaint is barred by limitation. Consequently, the complaint is dismissed without going to the merits of the case.
Pronounced in the open court on this the 16th day of February 2017.
Sd/- Sd/- Shiny.P.R
President
Sd/-Sd/-
Suma.K.P
Member
Sd/- Sd/-
V.P.Anantha Narayanan
Member
