West Bengal

Kolkata-I(North)

CC/13/229

Ajay Kumar Chakraborty - Complainant(s)

Versus

The General Manager, Tata Finance Ltd. - Opp.Party(s)

02 Apr 2014

ORDER

Consumer Disputes Redressal Commission, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Complaint Case No. CC/13/229
( Date of Filing : 29 Apr 2013 )
 
1. Ajay Kumar Chakraborty
Sonarpur, 24 Pgs(S), Pin-743330.
24 Parganas(S)
WB
...........Complainant(s)
Versus
1. The General Manager, Tata Finance Ltd.
15, Park Street, Kolkata-700016.
Kolkata
WB
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sankar Nath Das PRESIDENT
 HON'BLE MR. Dr. Subir Kumar Chaudhuri MEMBER
 HON'BLE MRS. Samiksha Bhattacharya MEMBER
 
PRESENT:
 
Dated : 02 Apr 2014
Final Order / Judgement

Record is put up for order in repect of the petition filed by o.p. challenging the maintainability of the case. Complainant has not filed w/o.

We have gone through the relevant petition and materials on record and we have observed that the vehicle has already been repossessed in 2002 due to non-payment of EMI in spite of receiving relevant notice by complainant. The case has filed on 29.4.13. The case is barred by limitation relying the judgement passed by Hon’ble National Commission in the matter of Joy Grih Nirman Pvt. Ltd. vs. Arunoday Apartment owners’ Association passed in Vol-I (2014) CPJ 307 (NC).

Besides above, complainant did not file any petition u/s 24(A) of the C. P. Act, 1986 to condone such delay.

In view of the above observation, the instant petition filed by o.p. is allowed since the case is not maintainable. The petition filed by o.p. is disposed of and accordingly the case is dismissed since barred by limitation.

 
 
[HON'BLE MR. Sankar Nath Das]
PRESIDENT
 
 
[HON'BLE MR. Dr. Subir Kumar Chaudhuri]
MEMBER
 
 
[HON'BLE MRS. Samiksha Bhattacharya]
MEMBER
 

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