By G. Yadunadhan, President:

            The case of the complainant is that complainant had deposited an amount of Rs.1,00,000/- to the Royal Bankers run by opposite party on 21.1.1999.  At the time of deposit opposite party orally agreed to pay Rs.1360/- to the complainant per month as interest.  On 9.10.2001 after repeated demands opposite party refused to give the deposit amount along with interest.  Hence complainant approached this Forum to direct the opposite party to return the amount along with interest.

            Opposite party raised an issue regarding the maintainability.  Heard both sides and passed as follows:

            Opposite party raised a contention that the cause of action arose in the year 1999.  The last transaction as per the complaint is 9.7.2001.  No documents produced to that effect and after that the complainant not made any earnest effort to get back the amount, which is already been deposited to the opposite party’s bank.  The only available document, which is produced before this Forum is the receipt issued by opposite party on 21.1.1999.  Thereafter complainant has not approached to the opposite party.  Under these circumstances complaint is barred by time limitation.  The deposit made by the complainant was matured on 2001 and the complaint was filed on 2006.  The long delay of 5 years had not been explained and also it was not condonable.  Hence we are of the opinion that the complaint is liable to be dismissed due to bar by limitation.

            In the result petition is dismissed.

            Pronounced in open Court this the 4^th day of May 2009.

                                    Sd/-President                                              Sd/-Member

(Forwarded/by Order)

Senior Superintendent.