Order no. – 10          Date : 31/01/2014

Record is put up for order challenging the maintainability of the case on the ground of limitation. We gave gone through the petition and heard both sides in full. Complainant admitted in his petition of complaint that he has received Rs. 6,54,517/- by way of A/C payee cheque [ Para – 06 ]. O.p. submitted the document which supports the aforesaid payment to the complainant made on 06/07/2010. At the time of receiving that amount complainant did not raise any sort of objection.

In spite of that of the lapse of the statutory provision of limitation period of 2 years by sending one notice by Ld. Advocate dated 04/09/2013, complainant is trying to make to continue cause of action. No correspondence has been made after 06/07/2010. We are in the view that the case is barred by limitation since the statutory period has been lapsed on 05/07/2012.

The instant case has been filed by complainant on 21/02/2013.

In this connection we have also relied upon the judgement passed by Hon’ble Supreme Court in S. C. case no. FA/669/2012.

So, the case is barred by limitation. Hence the matter is not maintainable.

Thus complaint stands rejected.