By H.B.Nayak,LL.M, President.
The case record is being put up today for passing final order. The brief facts leading to filing of the complaint is that on 11.03.2012 the O.P. has borrowed a sum of Rs.30,000/- from the complainant at Bhubaneswar and on the very same day borrowed a sum of Rs.40,000/- at Boudh. The said amount of Rs.70,000/- in total is paid by the complainant to O.P. on good faith by withdrawing from his account. The O.P. has taken the amount form the complainant for the purpose of treatment of his father. It is averred that the O.P. has promised to refund the amount which he has borrowed within six month. But despite demand by the complainant on several occasions, the O.P. could not repay the amount nor put any heed to it. Inview of the facts, finding no way out put forth his grievance claiming relief like refund of Rs.70,000/- with 18% interest per annum till realization and Rs.20,000/- towards compensation for mental agony .
2. On the otherhand, after getting notice O.P. appeared by filing Vakalatnama engaging Advocate A.K.Sahu and another and despite opportunities could not file W.V nor field any documents. On the request of parties this matter is referred to mediation cell of DCDRC, Boudh for amicable settlement vide order dtd.13.09.2022 of this Commission. But it was returned unsettled on the ground mentioned in the mediation note sheet, dtd.10.01.22022.
3. Regard being had to the nature of dispute, after considering the documentary evidence available on record and having heard the complainant, our considerate opinion is that this Commission lack jurisdiction to decide the matter in dispute between the parties. The complainant should have field before complaint civil court having jurisdiction for recovery of money from O.P. However, the complainant is a senior citizen and with a bonafide belief of redressal of his grievance he has approached the Commission as such we would like to extend benefit of sec,14 of limitation act in the event of his filing of Civil suit or any case before any authority having jurisdiction
In the instant case, we would not like to expenses our opinion regarding merit of this case.
Resultantly, complaint of the complainant is dismissed with the above observation.
Order pronounced in the open court this the day of 24th April, 2023 under the seal and signature of this commission. Free copy of order be supplied to the parties, if applied for.
