Karnataka

Chitradurga

CC/53/2021

Smt.H.Gangamma w/o Chandrappa - Complainant(s)

Versus

The Branch Manager,Karnataka Gramina Bank - Opp.Party(s)

Sri.Sureshbabu.B

02 Sep 2021

ORDER

-:Orders on Maintainability of complaint:-

       The complainant applied for a “Poly House” (Tabular) under Krishi Bhagya Yojana for erecting shade Net/Poly House Tabular during the year 2015-2016 in an area of one Acre land (4096 Sq., mtrs) and the same was approved by Deputy Director of Horticulture, Chitradurga, dated 16/12/2015. The project cost bears Rs. 43.26 lakhs and back subsidy of Rs. 21.63 lakhs. The Op.3 was entrusted by Op.2 to construct and complete the project as per approved schedule.

       On perusal of the facts of the complaint and documents the first term loan released by Bank on 15/06/2016, short term loan released on 27/09/2016, project completion report submitted on 30/07/2017. Executive Order from Deputy Director of Horticulture, Chitradurga dated 16/12/2015. Agreement executed by Op.3 with complainant   on 16/09/2016, loan released from Op.1 to complainant on 15/06/2016 and 27/09/2016.

       The complainant filed this complaint on the ground of date when he has issue legal notice to Ops, also the facts involved in this complaint are complex in nature.  As such the same has to be decided by Civil Court and it will be out of purview of the Commission.

       On observing the important points out of decision of the Hon’ble National Commission, New Delhi reported in CPR-March-2017 page No.420, when the complaint is barred by limitation, merits, of case can’t be considered. Also in respect of issue of legal notice, it is observed by Hon’ble National Commission, New Delhi reported in CPR, March-2017 P-284, by giving subsequent notices limitation can’t be extended.

That as per Consumer Protection Act-2019, Act 35 of 2019, Section 69 (1), the District Commission, 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 arise. Such bearing the reason, the said complaint filed by the Complainant is not maintainable, as there is no limitation.

       On observing all the above points, the complaint filed by complainant is hereby rejected.

 

 

Lady Member                 Member                        President