West Bengal

Jalpaiguri

CC/35/2022

Kakali Ray - Complainant(s)

Versus

PARASRAMPURIA PLANATION LTD. Bombay - Opp.Party(s)

31 May 2022

ORDER

District Consumer Disputes Redressal Forum,
JALPAIGURI
 
Complaint Case No. CC/35/2022
( Date of Filing : 20 May 2022 )
 
1. Kakali Ray
W/o Indrajit Ray residence at Tinbatti More near Bank of India P.O Siliguri Bazar Dist. Jalpaiguri Pin 734005 West Bengal
Jalpaiguri
West Bengal
...........Complainant(s)
Versus
1. PARASRAMPURIA PLANATION LTD. Bombay
3rd floor Mittal Towers A wing Nariman Point Bombay 400021
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. KUNDAN KUMAR KUMAI PRESIDENT
 HON'BLE MRS. Arundhaty Ray MEMBER
 HON'BLE MR. DEBANGSHU BHATTACHARJEE MEMBER
 
PRESENT:
 
Dated : 31 May 2022
Final Order / Judgement

Today is fixed for admission hearing.

Complainant is present in person and he has submitted, that he had purchased two (2) teak trees for fifteen (15) years, on the assurance that the invested Rs. 5000/-(Rupees Five Thousand Only) would be enhanced to Rs. 1,50,000/-(Rupees One Lakh Fifty Thousand Only). But after the expiry of fifteen (15) years, the O.P. Company failed to re-pay the assured amount. The complainant had sent letters to the Zonal Office at Calcutta and the Registered Office at Mumbai. He has also written letters to the Principal Secretary Food and Supply and Consumer Protection, Mumbai, and to various other offices. He had also written to Sebi and also Hon’ble Prime Minister Office and the Chief Secretary and Commissioner of Police, Mumbai, but to no avail.

At the very outset, it needs to be mentioned, that the cause of action arose sometime in the year 2006/2007, but the complainant failed to file any case within the stipulated period of two (2) years, which is well before the onset of the Pandemic period. Therefore, the complainant cannot claim the excuse of Lock-down, for the Pandemic period, as a hindrance to filing this case. That apart, it is well settled law that anybody who sleeps over his right should not be permitted to reclaim the same at a later stage. Under the circumstance this case is badly delayed by more than Six (6) years and therefore, the same cannot be admitted.

As such the admission fails.

 
 
[HON'BLE MR. KUNDAN KUMAR KUMAI]
PRESIDENT
 
 
[HON'BLE MRS. Arundhaty Ray]
MEMBER
 
 
[HON'BLE MR. DEBANGSHU BHATTACHARJEE]
MEMBER
 

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