West Bengal

Purba Midnapur

CC/95/2023

Sri Debnarayan Das Adhikari - Complainant(s)

Versus

Rabin Manna - Opp.Party(s)

Chinmoy Bhowmick

08 Dec 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
PURBA MEDINIPUR
ABASBARI, P.O. TAMLUK, DIST. PURBA MEDINIPUR,PIN. 721636
TELEFAX. 03228270317
 
Complaint Case No. CC/95/2023
( Date of Filing : 23 Nov 2023 )
 
1. Sri Debnarayan Das Adhikari
S/O.: Late Sukhendu Das Adhikari, Of Vill. & P.O.: Mohati, P.S.: Khejuri, PIN.: 721130
Purba Medinipur
West Bengal
...........Complainant(s)
Versus
1. Rabin Manna
Proprietor of Manna Brick Field, S/O.: Kenarma Manna, Vill.: Patna (Puti Khali Bard), P.O.: Ajaya, P.S.: Khejuri, PIN.: 721430
Purba Medinipur
West Bengal
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. SRI ASISH DEB PRESIDENT
 HON'BLE MR. SRI SAURAV CHANDRA MEMBER
 
PRESENT:
 
Dated : 08 Dec 2023
Final Order / Judgement

The Complainant is present. His Ld. Advocate is also present.

          Today, is fixed for Admission Hearing. Ld. Advocate for the Complainant moves the Admission matter. Heard the Complainant as well as his Ld. Advocate. We have gone through the Complaint, supported by affidavit and annexure filed as per list. Considered.

       It appears that the Complainant allegedly made payment on 14.06.2012 to the O.P. and  the O.P; promised to deliver the Goods/Bricks in the month of ‘Magh’ of the same year. So the cause of action had arisen in the year 2012.

           The Complainant demanded the delivery of aforesaid bricks by a letter dated 28.08.2013 that is after a lapse of almost 11 years. The Complainant filed a petition before the Assistant Director CAFB, Purba Medinipur on 15.09.2023. Mere writing several letters to the O.P. or to any Forum cannot create a ground for showing sufficient cause for not filing the complaint before this Commission within two years as provided in Section 69 of CP Act 2019. The Complainant has not assigned any reason or sufficient cause for not filing the complaint within the limitation period or any sufficient reason for condoning the delay.

          As such, the instant complaint is absolutely barred by limitation within the meaning of Section 69 of the CP Act of 2019. The instant case is liable to be dismissed as not admitted.

          Hence it is

ORDERED

That the C. Case 95/2023  be and the same is dismissed as not admitted.

 
 
[HON'BLE MR. SRI ASISH DEB]
PRESIDENT
 
 
[HON'BLE MR. SRI SAURAV CHANDRA]
MEMBER
 

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