The Commissioner V/S D.Abdul Rasheed C/o. Mazhar Ul Ameen
D.Abdul Rasheed C/o. Mazhar Ul Ameen filed a consumer case on 23 Aug 2010 against The Commissioner in the Bangalore 4th Additional Consumer Court. The case no is CC/10/1701 and the judgment uploaded on 30 Nov -0001.
Karnataka
Bangalore 4th Additional
CC/10/1701
D.Abdul Rasheed C/o. Mazhar Ul Ameen - Complainant(s)
Versus
The Commissioner - Opp.Party(s)
Inperson
23 Aug 2010
ORDER
BEFORE THE IV ADDITIONAL DISTRICT CONSUMERS DISPUTES REDRESSAL FORUM, BANGALORE URBAN,Ph:22352624 No:8, 7th floor, Sahakara bhavan, Cunningham road, Bangalore- 560052. consumer case(CC) No. CC/10/1701
D.Abdul Rasheed C/o. Mazhar Ul Ameen
...........Appellant(s)
Vs.
The Commissioner
...........Respondent(s)
BEFORE:
1. Anita Shivakumar. K 2. Ganganarsaiah 3. Sri D.Krishnappa
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
Heard the representative of the complainant regarding admission of this complaint. Complainant has filed this complaint for recovery of Rs.99,779/- from the Op on the ground that his father had paid amount excess than the amount fixe d as cost of the house allotted to him. The complainant has produced letters of the op who had fixed the tentative cost of the plot as Rs.5,10,500/-. But thereafter, we are not coming across any document or proof to show that housing board has thereafter reduced the cost of the house by giving any concession and having had taken decision to refund Rs.99,779/-. Therefore, in the absence of such decision taken by the Op, the complainant cannot say that he has paid excess amount of Rs.99,779/- or he is entitle for refund of that amount because of reduction of the cost by the Op. The complainant has produced a letter alleged to had been issued by the Op under which it had reduced the cost of the house and ordered for refund of that money. The so called original letter do not contain signature of the authority who issued it and the columns indicating the amount as the cost of the plot and other information are not filled up left blank. Therefore, this letter cannot be taken note of. Then the complainant has relied upon the copy of the calculation worked out by the Op which only shows the principal amount, interest due, total amount paid by the complainant and balance due. In that calculation sheet, manual entry is made showing Rs.99,779/- which the complainant claims as the calculation made by the Op determined for refund. But that manual entry cannot be said as authenticated one and cannot be relied upon. Further, the complainant had came to know excess amount ordered to be refund some where in the year 1998. He should have thereafter within two years approach this forum for the releifs or initiated action for recovery of that amount. But nothing of that sort has been done, except the complainant addressing a letter to the Op on 09/04/2009 we find no correspondences in between. Therefore, considering the year of determination for refund of amount was during the year 1999, the complaint filed by the complainant during the year 2010 is highly barbed by limitation. Therefore, complainant cannot be entertained and is dismissed at the stage of admission.
......................Anita Shivakumar. K ......................Ganganarsaiah ......................Sri D.Krishnappa
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