Sri Shyamal Gupta, Member
Both the Appeal bearing Nos. A/1104/2015 and A/52/2018 arise out of the Order dated 22-06-2015, passed by the Ld. District Forum, Kolkata-II (Central) in CC/06/2015. By such order, the instant complaint case was decreed in favour of the Complainant, Sri Shrish Bagla.
The dispute relates to non-issuance of shares by M/s Tata Consultancy Services Ltd. (TCS Ltd.) in favour of the Complainant.
Heard all the sides and gone through the documents on record.
It appears from the record that the Complainant applied for 49 nos. shares of M/s TCS Ltd. in the year 2004. However, as no share was allotted in his favour, feeling aggrieved, he lodged complaint with the Company. Subsequently, he filed the case in the year 2015.
Admitting that the cause of action of the complaint case arose on 03-08-2004, the date on which he deposited the price of the share with IDBI Bank, it is contended by the Complainant that such cause of action continued till 30-11-2013, when he lastly wrote a letter to the OPs.
We afraid, by virtue of mere communication with the other side, the cause of action cannot be stretched for an indefinite period. This beneficial legislation provides adequate time to an aggrieved consumer to move a complaint case as two years is not quite an insignificant time for one to realize the futility of one’s personal endeavour to get proper redressal of one’s grievance. There was definite laches on the part of the Complainant.
It is not understood, how this crucial aspect escaped the attention of the Ld. District Forum. The statute in unequivocal terms makes it clear that District Forum has no authority to admit a case unless the same is filed within two years from the date of cause of action. The District Forum committed error in not considering the maintainability aspect of the case before deliberating upon the merit of the case.
In view of this, we are constrained to set aside the impugned order. The Complainant, however, shall be at liberty to agitate his case before the appropriate Court of Law.
Consequent thereof, both the Appeals stand allowed.
