MS. NIPUR CHANDNA, MEMBER
ORDER
02.05.2023
A complaint under Section 35 of Consumer Protection Act filed. In brief the facts are that the complainant want to pursue LLB and as such he visited OP and enquired about the admission in LLB course. It is informed by the officials of OP that the complainant has to pay sum of Rs.1,00,000/- per year against the LLB course. As such the complainant through online mode paid a sum of Rs.50,000/- to OP on 13.04.2019, he also paid a sum of Rs. 50,000/- in cash to OP. The OP confirmed the payment vide receipt no. 1173. In the month of July 2019 the complainant visited OP and submit the entire educational documents for getting admission in LLB course. The complainant was assured by OP that he will get admission under Chaudhary Charan Singh University, Meerut and he would be called in August 2019. It is alleged by the complainant that under one pretext or the other the OP kept on pretending the complainant and he could not get the admission till October 2019. Being aggrieved by the conduct of OP complainant requested OP to refund his hard earned money of Rs.1,00,000/-. It is alleged by the complainant that despite his repeated visits and follow up the OP neither refunded the money nor had given the admission in the LLB course to the complainant. It is further alleged that on his repeated follow up finally in the month of March 2023 OP refused to return the money. Complainant therefore approached this commission for redressal of his grievance.
Argument on admission heard. Let us peruse the relevant provision in respect of limitation provided under Consumer Protection Act.
As per section 69 of Consumer Protection Act, 2019: -
- The District Forum, the state commission or 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.
- Notwithstanding anything contained in subsection (1). A complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Forum, the state commission or the National Comission , as the case may be, that he had sufficient cause for not filing the complaint within such period: provided that no such complaint shall be entertained unless the National Commission , the State Commission, as the case may be records its reason form condoning such delay.
A perusal of the aforesaid statutory position reflects that the complaint should be preferred within a period of two years of the accrual of cause of action.
After going through the record, admittedly, the cause of action for filing the present complaint arose on 13.04.2019 when the complainant deposited a sum of Rs.1,00,000/- with the OP. The complainant at para 6 of his complaint had mentioned that on his request the OP apologize and assured the complainant that he would be given admission in the next section in the month of July, 2020, however the complainant failed to place on record any document in this regard. It is further submitted by the complainant that in the month of August the OP assured him to refund the amount without any interest by December, 2021. The complainant failed to place on record any documentary proof regarding the assurance of refund given by OP. He further pleaded in his complaint that since 2022 the he is continuously knocking the door of the OP and finally the OP refused to return the money in the month of March, 2023. The complainant here also failed to place on record any document regarding the refusal of the refund by OP in the month of March, 2023.
In view of the above discussion we are of the considered view that the complainant failed to place on record any documentary evidence regarding the continuous accrual cause of action in his favour. The complainant has filed the present complaint on 20.04.2023 i.e after four years of the accrual of the cause of action.
Now applying the above discussed provision and principle of law admittedly, the cause of action arose on 13.04.2019. There is no documentary proof and explanation why complainant failed to approach the commission within two years of the accrual of cause of action. The present complaint is therefore barred by limitation as filed after four years of the accrual of final cause of action. Hence dismissed.
File be consigned to record room.
Sanjay Kumar Nipur Chandna Rajesh
President Member Member
