Kerala

Palakkad

CC/132/2010

A.P.Shanmughan - Complainant(s)

Versus

The Manager, - Opp.Party(s)

11 Nov 2010

ORDER


CONSUMER DISPUTES REDRESSAL FORUMCivil Station, Palakkad - 678001, Kerala
CC NO. 132 Of 2010
1. A.P.Shanmughan69 years, 13/309, Sreebhavan, Kacherimedu, Chittur Taluk, Chittur.P.O,Palakkad 678101Kerala ...........Appellant(s)

Versus.
1. The Manager, Jamal Sales Corporation, Jamal Building, Court Road,Palakkad - 1Kerala ...........Respondent(s)



BEFORE:
HONORABLE Smt.Seena.H ,PRESIDENTHONORABLE Smt.Bhanumathi.A.K ,MemberHONORABLE Smt.Preetha.G.Nair ,Member
PRESENT :

Dated : 11 Nov 2010
JUDGEMENT

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DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD

Dated this the 11th day of November 2010 .


 

Present : Smt. H. Seena, President

: Smt. Preetha.G. Nair, Member

: Smt. Bhanumathi.A.K, Member


 

C.C.No.132/2010

A.P. Shanmughan

13/308 Sreebhavan

Kacherimedu

Chittur Taluk

Chittur (P.O)

Palakkad – 678 101 - Complainant

(Party in person)

Vs


 

Manager

Jamal Sales Corporation

Jamal Building

Court Road

Palakkad - 678 001. - Opposite party

 

O R D E R


 

By Smt. Seena.H, President.

The brief case of the complainant is that he purchased a television of Videocon Company from the opposite party on 20/07/1998. The complainant preferred to buy the said brand because of an offer named Money back scheme wherein company will refund the purchase price of the TV after 5 years of purchase. Complainant paid an amount of Rs.14,490/- towards the price and Rs.5,000/- towards security deposit under money back scheme.


 

It is submitted that opposite party issued receipt for Rs.14,490/- and only a counterfoil for Rs.5,000/-. It is assured by opposite party that proper receipt will be issued by the company., Complainant submits that in spite of several letters issued by the complainant, opposite party failed to issue the receipt. Due to act of opposite party, complainant lost the opportunity for refund as per the offer. Complainant was supposed to receive the refund in the year 2003. Hence the complaint.


 


 


 

- 2 -

Complaint was posted for hearing on admission regarding limitation. Heard the complaint.


 

On going through the complaint and the documents produced by the complainant, it is seen that the television was purchased in the year 1998. As per the offer refund of the amount is in the year 2003. Complaint is filed on 29th October 2010. It is true that many correspondences between the parties has taken place between the said period. But we do not find it a sufficient reason to condone the delay for about 10 years. As per the provisions of Consumer Protection Act, complaint should be filed within 2 years from the date of cause of action.


 

Hence we dismiss the complaint as it is time barred.


 

 

Pronounced in the open court on this the 11th day of November , 2010


 

PRESIDENT (SD)

MEMBER (SD)

 

Date of filing: 29/10/2010 MEMBER (SD)


[HONORABLE Smt.Bhanumathi.A.K] Member[HONORABLE Smt.Seena.H] PRESIDENT[HONORABLE Smt.Preetha.G.Nair] Member