Order no.2 Dated 31.01.2023
Complainant is present in person.
The case is taken up for admission hearing.
Perused and considered the petition of complaint.
Heard the complainant.
The complainant submits that she deposited certain amount in 7 (seven) certificates on 31.12.2011 under the scheme of SAHARA E. SHINE of the opposite parties. The date of maturity of the said 7 (seven) certificates was 31.12.2019. The complainant personally visited the office of the opposite parties for depositing the original certificates for withdrawing the maturity amount but the office of opposite parties advised not to deposit those certificates but to renew further for 3 (three) years. The complainant was not satisfied with the suggestion of the opposite parties and requested to release the maturity amount by serving letters dated 09.12.2019, 06.01.2020, 08.09.2020, 22.02.2022 and 16.07.2022 but till date the opposite parties did not send any reply to the complainant. According to the complainant the cause of action arose on 31.12.2019 and there is continuation of cause of action as the complainant wrote letters to the opposite parties on 09.12.2019, 06.01.2020, 08.09.2020, 22.02.2022 and 16.07.2022.
It is apparent on the face of the complaint application that the cause of action arose on 31.12.2019 and the instant complaint case has been filed on 17.01.2023.
In view of section 69 of the Consumer Protection Act, 2019 a complaint application should not be admitted unless it is filed within 2 (two) years from the date on which the cause of action has arisen.
This complaint application has been filed beyond the period of limitation of 2 (two) years. The complainant has not cited any reason for the delay in filing of the complaint case.
In view of the above discussion, the complaint made by the complainant cannot be admitted as barred by limitation.
Hence, it is
O R D E R E D
that the complaint case be and the same is dismissed as barred by limitation.