Present :  Sri. K. Gopalan, President.

          The case of the complainant is that opposite party has offered a purchase scheme of computer by way of installment scheme for only the members.  Complainant became member of the opposite party in their Kadavathur Unit and as per the direction of opposite party complainant paid an advance amount ` 250 on 14.01.2006.  Though complainant paid subscription charge but the opposite party is not ready for the delivery of the computer.  Complainant says that he is ready to pay the amount of installment but opposite party is not collecting the amount.  Lawyer notice was issued on 21.07.2010 but the same returned with endorsement ‘Address sealed, present address not shown’.

          Complainant argues that since purchase has taken place under installment scheme the cause of action remains continuing till complainant is ready to pay the installment.  According to complainant he has paid the amount on 14.01.2006. He did not make further payment because opposite party has not contacted complainant and not collected the money. He has sent lawyer notice and demanded to deliver the computer on 21.07.2010 and hence complaint is filed within the limitation period.

          Complainant made the payment on 14.01.2006 and there is no contact with the opposite party thereafter.  Even the lawyer notice has sent after 4 years.  Complainant is liable to file the complaint within two years from the date of his payment ie 14.01.2006.  But he filed the complaint on 01.01.2011 only.  There is no justification for the delay caused.  If the argument that complainant is entitled to file the complaint.  Since the cause of action is continuing is taken for granted  it should also be admitted that he is entitled to file complaint till his death.  It is absured to accept this position and the arguments of complainant failed to establish there is no delay.  The delay caused has not been reasonably explained.  Hence the above complaint stands dismissed on the ground of period of limitation.

          Dated this the 7^th day of March, 2011.

Sd/-    President                    Sd/-  Member              Sd/-   Member

Forwarded by order,

Senior Superintendent