Today the present complaint is fixed for consideration on the point of admissibility of the complaint with regard to objection of the Assistant Registrar of this Commission who reported that the complaint in question is beyond limitation. Heard. Record perused. Complainant has filed the present complaint with the averments that he availed loan facilities from O.B.C. Bank (now merged in P.N.B.) for purchase of tractor in the year of 2008 and he re-paid the loaned amount to OP-Bank on 29.07.2011 and OP-Bank issued the loan clearance certificate in favour of complainant as well as to Tehsildar Alewa in 2011 but since then i.e. from the year of 2011 to till date, OP/respondent-Bank has not issued Form No.35 in favour of complainant and thus he is not able to sale the tractor in question. He has requested many times to the OP-Bank but till date respondent/OP has not issued the Form No.35 in favour of complainant and thus from 2011 to 2022, the complainant failed to sale the said tractor which is a negligence on the part of OP-Bank and requested for issuing a direction to the OP-Bank to settle the dispute amicably or in case of failure on the part of OP-Bank, direct the OP-Bank to issue Form No.35 to complainant for the purpose of selling the tractor.
Perusal of contents of complaint and documents annexed with the complaint reveals that the complainant purchased a tractor in question in the year of 2008 and cleared the loan of OP-Bank in September, 2011 and issued legal notice to OP-Bank for issuance of Form No.35 on 01.09.022 which is beyond the limitation period of two years. Further perusal of contents of complaint reveals that neither any explanation for delay in the filing of complaint nor any application for condonation of delay or any affidavit in support of late filing the present complaint has been filed with the present complaint by the complainant whereas Section 69 of Consumer Protection Act, 2019 specifically provides that:
- 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 arisen.
- Notwithstanding anything contained in sub-Section (1) a complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Commission, the State Commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period.
Provided that no such complaint shall be entertained unless the District Commission or the Stat e Commission or the National Commission, as the case may be, records its reasons for condoning such delay.
In view of the legal position enunciated above, we have no option except to dismiss the present complaint in limnie being time barred. The complainant can have all the original documents, if any, relied upon in this case and the office is also directed to handover the same, if any, attached with the complaint against proper receipt & identification. Copy of this order be sent to complainant, free of cost, as per rules. File be consigned to the record room accordingly.
