F I N A L   O R D E R

This case was heard ex-parte as on the date of final hearing none of the opposite parties appeared before this Forum and adduced any evidence in this case though the O.P. No.2 appearing in this case,  filed  W.V. to contest this case.

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This is a case U/S 12 of Consumer Protection Act, 1986 for an award directing the O.Ps. to pay Rs.12,000/- as maturity value of cash certificate No. 000206, to pay Rs.15,000/- as compensation for mental pain and agony, to pay Rs.5,000/- as litigation cost to the complainant.

The complainant’s case in short is that the O.Ps. are business concern dealing with various monetary businesses. The complainant being influenced by the O.Ps. purchased a cash certificate No. 000206 maturity value of which is Rs.12,000/-, from the O.P. Shridharpur Samabay Krishi Unnayan Samiti Ltd. at the cost of Rs.6,000/-. The date of maturity of said cash certificate was 22.02.2009. Immediately after the date of maturity of said cash certificate the complainant demanded the maturity value of the cash certificate from the O.Ps. but on various pretext the O.Ps. did not pay such maturity value to the complainant. As such the complainant issued a legal notice through his Ld. Advocate, Dilip Paul claiming such maturity value but the O.Ps. did not pay any heed to that claim . As per terms of the fixed deposit scheme the O.Ps. are liable to pay such amount. There is/was negligence and deficiency in service on the part of the O.Ps. So the complainant is entitled to get an award  as mentioned above. Hence this case.

DECISIONS WITH REASONS

To prove his case the complainant has submitted the memo of evidence supported by an affidavit, photocopies of cash certificate in question, legal notice dated 13.02.2013 signed by his Ld. Advocate, Dilip Paul etc. We carefully peruse the above documents and the contents of the complaint petition. It is admitted that the cash certificate for Rs.6,000/- in question was purchased by the complainant and the maturity value & the date of maturity of the same were Rs.12,000/- and 22.02.2009 respectively. So it could be safely said that the cause of action of the case was started on and from 22.02.2009. During the course of hearing of this case, from the side of the complainant a copy of notification dated 11.11.2011 issued by the O.P. No. 1, was submitted. This notification clearly shows that up to 11.11.2011 such cause of action was continued. As per provisions of Sec.-24A of Consumer Protection Act, 1986 the District Forum, State Commission and the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen. This complaint was filed on 06.01.2014 after the expiry of the statutory period as mentioned in Sec.-24A of the Act. In the above circumstances we are of the opinion that the case is barred by limitation. It is essential to mention that at the time of filing of this complaint and also on subsequent dates no petition praying for condonation of delay was filed and this Forum by passing any order has not been pleased to condone the delay as mentioned.

In view of the above discussions as the case is barred by limitation, there is no scope to make any findings on the other points involved in this dispute.

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Thus the case fails being barred by limitation.  

Fees paid is correct.

          Hence, it is                          

                                                                ordered

that the complaint case being No. 02/2014 is dismissed ex-parte without cost.

Copy of this order be supplied to each parties of this case, free of cost.