Per Mr.Dhanraj Khamatkar, Hon’ble Member
This appeal takes an exception to an order passed by the District Consumer Disputes Redressal Forum, Sangli dated 04/05/2010 in consumer complaint no.1097/08. Facts leading to this appeal can be summarized as under:-
The original complainant/appellant is having an account in the bank of opponent no.2. Appellant/org.complainant had received a cheque of `73,93,922/- from the Irrigation department of the Government of Maharashtra. The original complainant/appellant had deposited the said cheque with respondent no.2 bank on 12/05/2006 and the opponent no.2/respondent no.2 had paid the cheque amount to the original complainant/appellant. However, opponent no.2 had received the payment of the aforesaid cheque from the opponent no.1/respondent no.1 after 55 days of the payment made by opponent no.2/respondent no.2. Hence the respondent no.2 had charged interest of `1,67,524/- to the original complainant/appellant. Respondent no.1 had contended that the original complainant/appellant is not their consumer and hence contended that the complaint is not maintainable.
District Consumer Disputes Redressal Forum after hearing both the parties has dismissed the complaint on the ground that it is not in limitation. Present appeal is filed against the said order.
We heard Mr.V.P.Kaulgud-Advocate for the appellant and Mr.A.V.Patwardhan-Advocate for respondent no.1. None for respondent no.2.
After perusing the record it is seen that the respondent no.2/original opponent no.2 had recovered the interest from the appellant/original complainant on 07/07/2006. So the cause of action starts from 07/07/2006. Within a period of two years the complaint should have been filed. The complainant/appellant has tried to contend that cause of action is continuous. However, the correspondence between the parties cannot extend the cause of action and thereby period of limitation. Further the complainant/appellant could not prove that there is deficiency on the part of opponents. District Consumer Disputes Redressal Forum has rightly dismissed the complaint and we do not find any merit in the appeal. We hold accordingly and pass the following order:-
ORDER
Appeal stands dismissed.
Order of the District Consumer Disputes Redressal Forum is herein confirmed.
No order as to costs.
Copies of the order be furnished to the parties.
Pronounced on 21st June, 2011.
