Order No. 2 dt.  12/07/2017

The complainant filed this case with the allegation that while the complainants were travelling in a train all on a sudden they heard an alarming sound and they noticed that two bags kept at the side of the complainant’s wife were taken away. The said fact was informed to the S.P., Dhanbad, Rail and an FIR was lodged. On the basis of the said fact the complainant filed this case direction upon the o.ps to pay Rs.1,50,000/- towards value of the goods compensation Rs.50,000/- and litigation cost of  Rs.20,000/- .

 The complainant also filed a petition for condonation of delay in lodging the complaint wherein it was stated that due to various ailments of the complainant (1) the case could not be filed within statutory period.

On perusal of the record we find that the allegation against the o.ps with regard to the incident that allegedly took place on 21.04.2013 and the complainant filed the documents for condonation of delay in lodging the petition of complaint relating to the illness to the complainant-1 of the year 2016 i.e. after the long period the complainant did not file the complainant within the statutory period. In view of the said fact  and also relying on the decision as reported in 2012 (2) CPR 534 (NC) wherein it was held that the consumer Forum must deal with complaint  on merits only if complaint has been filed within two years from the date of accrual of cause of action and if beyond said period, sufficient cause has been shown and delay condoned for reasons recorded in writing, complaint could not be entertained ab initio by District Forum, rendering its order and subsequent order of State Commission totally unsustainable. Order passed by State Commission as well as District Forum set aside and complaint dismissed as being time barred.

In view of the facts and circumstances  and relying on decision as mentioned herein above as well as 2017(2)CPR 316(NC)- a time barred complainant cannot be entertained, we hold that the case filed by the complainant is barred by limitation and accordingly the case is dismissed in limini.