Sri Manojit Mandal, President

Order No.2, dated 05/10/2018

Today is fixed for hearing on the point of admission.

The Ld. Advocate of the Complainant is present.

The case is taken up for hearing on the point of admission.

Perused the petition of complaint.  It appears that this complaint has been filed by one Rahaman Ali on 01.10.18.

Section 24A of the C.P. Act, 1986 provides that neither the District Forum nor the State Commission, nor National Commission shall admit a complaint unless it is filed within 2 years from the date on which the cause of action has arisen.

It is clear from the complaint and its Annexures that the cause of action in respect of this case arose on 23.03.13.  However, the complaint was, in fact, filed on 01.10.18 or after, which was clearly barred by time.  The complaint filed on 01.10.18 was also without an application for condonation of delay.  Therefore, it was manifestly barred by limitation.

The Ld. Lawyer for the Complainant has argued that the Complainant made several correspondences with the O.Ps for getting back the total Title Deeds along with Khatian and hire purchase termination letter on 12.07.18 and 31.08.18 accordingly and Registration Certificate, Road Tax Challan from the O.P. No.2 and it is a continue cause of action till the date of redressal  the grievances of the Complainant.

But, we find from the record that the Complainant has not filed any papers before this Forum to prove that he approached before the O.Ps for getting back the above mentioned papers in between 23.03.13 and 12.09.18. So, the cause of action is continuing till the date of redressal the grievances of the Complainant is not correct. As such, the submission as made by the Ld. Lawyer cannot be accepted at all.

Therefore, we are of the view that the complaint is not maintainable in law and is liable to be dismissed.

Hence,

                It is

                                Ordered

                                        That the complaint be and the same is hereby dismissed and not maintainable.  The Complainant is given liberty to file appropriate legal remedy by approaching before any appropriate Forum within the jurisdiction according to law.

The copy of this order also available in website – confo-kb-wb@nic.in

Dictated & Corrected by me.