Delhi

West Delhi

CC/23/6

SOURAV DHAWAN - Complainant(s)

Versus

SAHARA CREDIT COOPERATIVE SOCIETY LIMITED - Opp.Party(s)

MITTAL AND MITTAL CO ADVOCATES

28 Jul 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-III: WEST

GOVT. OF NCT OF DELHI

C-BLOCK, COMMUNITY CENTRE, PANKHA ROAD, JANAKPURI

NEW DELHI

 

Complaint Case No. 06/2023

 

In the matter of:

	Sourav Dhawan S/o Jagdish Dhawan, R/o RZ-45A, Old Rajapuri, Vishwas Park, Uttam Nagar, New Delhi-110059. .........Complainant.     Versus

                        M/s Sahara Credit Cooperative Society Ltd. & Anr

                        Through its President/Secretary/Chairman,

                        Having its registered office at

                       Sahara India Bhawan, 1, Kapoorthala

                        Complex, Aliganj, Lucknow-226024

                                                                             ......Opposite Parties

 

DATE OF INSTITUTION:         JUDGMENT RESERVED ON:    DATE OF DECISION:

12.01.2023 26.07.2023 28.07.2023

 

 

Ms. Sonica Mehrotra, President

Ms. Richa Jindal, Member

Mr. Anil Kumar Koushal, Member

Order passed by Ms. Sonica Mehrotra, President

 

ORDER

1. The complainant has filed application under section 69 (2) of CPA 2019 for condonation of delay in filing the said complaint. The subject matter pertains to Two Deposit Certificate/ Term Deposit done by the complainant wherein complainant had invested Rs. 55,000/- on 20.08.2018 with OP Vide receipt number 8078272268 certificate no. 925008726813 showing maturity amount of Rs. 63,965/- as on 20.02.2020 and second investment of Rs. 17,000/- dated 28.12.2018 vide receipt number 80792609765 certificate no 925009811324 showing maturity amount of Rs. 19,771/- as on 28.06.2020 but did not release the maturity value of both certificates. The complaint was filed in February, 2022 and the grounds for condonation of delay has been taken as Corona Virus Pandemic Outbreak during which period extension of limitation was granted by the Hon’ble Supreme court in Suo-moto Writ Petition from March, 2020 till February, 2022.  The grievance of the complainant is the non-release of maturity amount of both deposits made by him with OP on the stipulated dates of February and June 2020. Accordingly as per law of limitation under Consumer Protection Act how the cause of action arose in February, 2020 and June, 2020 and ended in February 2022 and June 2022. Notwithstanding the extension of limitation granted by Hon’ble Supreme Court in all matters where limitation was expiring during March, 2020- March, 2022, the same extension however ended in May, 2022 as after February 2022 further extension of 90 days was also granted by the Hon’ble Supreme court in the said writ. However the complaint has been filed much later and much beyond the extension period i.e. after 8 months of the expiry of the extended period of limitation with no cogent ground and sufficient cause shown before us to allow the present complaint. We rely upon judgment of RJ constructions Vs Kanaiya Lal M Kanakiya 2003(1) CPC 37 (NC) in which Hon’ble National Commission held that where application to condone delay did not set out valid cogent reasons to condone delay, the application was dismissed since in the matter of condonation of delay conduct of parties is a relevant factor as was held by Hon’ble Delhi High Court in Rishi Prabhat vs DDA AIR (1995) DEL 9. The Hon’ble Tripura High court in Abdul Wahid vs Sukdhev Wanti Air 1963 TRI 44 held that where sufficient cause is not shown, no cause of condonation of delay arises. The present application is therefore dismissed accordingly and also the complaint consequent thereupon. However the complaint is at liberty to get his relief by availing services initiated by the Government of India on Sahara portal for recovery of his dues from OP.

 

2. Let the copy of this order be made available to the Complainant on application for free certified copy under the name of President of this Commission as per guidelines of Hon’ble  SCDRC.
3. Announced on 28/07/2023.
4. File be consigned to record room after date of pronouncement of Order.

 

 

Richa Jindal                          Anil Kumar Koushal           Sonica Mehrotra

(Member)                                    (Member)                          (President)