Karnataka

Kolar

CC/61/2016

Sri.R.Srinivasulu Chetty - Complainant(s)

Versus

Taluk Social Welfare Officer, - Opp.Party(s)

10 Jan 2017

ORDER

Date of Filing: 19/09/2016

Date of Order: 10/01/2017

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 10^th DAY OF JANUARY 2017

PRESENT

SMT. PRATHIBHA.R.K., BAL LLM, PRESIDENT

SRI. R. CHOWDAPPA, B.A., LLB…..    MEMBER

SMT. A.C. LALITHA, BAL., LLB           ……  LADY MEMBER

CONSUMER COMPLAINT NO :: 61 OF 2016

Sri. R. Srinivasulu Chetty, Proprietor,

M/s. Ashwani Enterprises,

Tata B.P. Solar, Opp Anjai Takis,

Chintamani, Chikkabalapura District.

(In-person)                                                                       ….  Complainant.

 

- V/s -

Taluk Social Welfare Officer,

Taluk Social Welfare Office,

Mulbagal.

(In-person)                                                    …. Opposite Party.

-: ORDER:-

 

BY SMT. PRATHIBHA.R.K, PRESIDENT

01.   The complainant has preferred this complaint against the OP seeking directions to the OP to pay a sum of Rs.2,88,000/- along with interest @ 18% per annum for 08 years i.e., Rs.4,14,720/- and Rs.2,00,000/- towards mental agony.

 

02.   The facts in brief:-

(a)    It is contention of the complainant that, the OP asked this complainant for repair of 3 Tata B.P. Solar Systems of 1000 LPD at the Boys social welfare Hostel at Mulbagal on 03.12.2007.  For which on 19.01.2008 the complainant submitted estimation and within 10 to 12 days thereafter with the help of 04 technicians from Bangalore the complainant carried out all the repair works which were entrusted by the OP.  Immediately thereafter, complainant submitted three bills separately to the OP seeking payments.  On 20.02.2008 OP sanctioned three cheques namely Rs.97,000/-, Rs.93,000/- and Rs.98,000/-, totaling to Rs.2,88,000/-, but thereafter instead of making payments to the complainant the Officer who is in-charge of OP en-cashed the said 03 cheques at SBM on 15.04.2008.  The complainant after knowing the said facts, approached the OP on several occasions, but the OP had postponed the same by telling “no funds in the particular head” and hence complainant issued legal notice dated: 17.06.2009 to the OP, but OP failed to give any reply.  Hence this complaint.

 

(b)    Along with the complaint the complainant has submitted List of documents as mentioned below:-

(i) Order placed from Social Welfare Department to the Complainant.

(ii) Estimation copy given by the complainant to OP.

(iii) Three cheques sanction letter from Social Welfare Department.

(iv) Requisition letter from the complainant regarding payment to the Department.

(iii) Legal Notice to the OP.

 

02.   In response to the notice issued from this Forum, one Smt. C.N. Kasthuri Bai, Taluk Social Welfare Officer, though appeared on behalf of the OP, but later in spite of sufficient opportunities she did not choose to file version or affidavit evidence nor contested the proceedings.

 

03.   On 25.11.2016 Sri.R.Srinivasulu Chetty on behalf of complainant has filed his affidavit evidence by way of examination-in-chief and also written arguments on 29.11.2016.

 

04.   We have heard the oral arguments on behalf of complainant.

 

05.   Therefore the points that do arise for our consideration in this case are:-

    (A) Whether the present complaint is barred    

          by time?

(B) Whether the complainant has proved   

     deficiency in service on the part of the 

      OP?

 (C) What order?

 

 

06.   Findings of this District Forum on the above stated points are:-

POINT (A):-  In the Affirmative

POINT (B):   Does not arise for consideration

POINT (C):-  As per the final order

for the following:-

 

REASONS

POINTS (A) & (B):-

07.   Now the question arise before us is, whether complaint filed by the complainant is barred by time or not.  Section 24A of the Consumer Protection Act, 1986 reads thus:-

“24A.     Limitation Period:-

1. 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.
2. Notwithstanding anything contained in sub-section (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 Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period.”

 

08.   On perusing the pleadings along with documents and affidavit evidence submitted by the complainant it reveals that, on 03.12.2007 the OP asked the complainant for repair of 3 Tata B.P. Solar Systems of 1000 LPD at the Boys social welfare Hostel at Mulbagal and on 19.01.2008 complainant submitted estimation and within 10 to 12 days with the help of 04 technicians from Bangalore complainant carried out all the repair works.  And immediately complainant submitted three bills separately to the OP seeking payments.  Further complainant submitted that, though OP on 20.02.2008 itself has sanctioned three cheques total amounts to Rs.2,88,000/- and also encashed the same on 15.04.2008, but it failed to make payment of the said amount.  Hence complainant issued legal notice dated: 17.06.2009 to the OP, but OP failed to give any reply.  On 19.09.2016 complainant filed this complaint seeking above set-out reliefs is barred by limitation as per the definition Under Section 24A of the Consumer Protection Act.  The complaint should be filed within 02 years from the date of cause of action arisen.  In the above case, the cause of action arose on the day of issuance of legal notice by the complainant.  The complaint filed by the complainant is after lapse of 07 years from the date of cause of action.  Hence the complaint is barred by limitation and the question of deficiency in service of OP does not arise for consideration.

 

POINT (C):

09.   We proceed to pass the following:-

 

 

 

ORDER

01.   The complaint filed by the complainant is hereby dismissed.  No orders as to costs.

 

02.   Send a copy of this order to both parties free of cost

 

(Dictated to the Stenographer in the Open Forum, transcribed by him, corrected and then pronounced by us on this 10^th DAY OF JANUARY 2017)

 

                                                

 

LADY MEMBER                  MEMBER                      PRESIDENT