O R D E R
(By Sri S. Bhaskararao, Member on behalf of the Bench)
1 Seeking the maturity amounts of money bonds marked as Exs.A1 and A2 obtained from the opposite party. The complainant laid this complaint on the ground of non-payment of those bonds obtained by her, as a member of the opposite party company who are dealing in Jewellery and running money scheme. According to her she obtained two bonds each for Rs.1,00,000/- one is for two years i.e. from 09.06.2006 to 09.06.2008 and another is for one year which is from 20.06.2006 to 20.06.2007. The agreed rate of interest @ 18% p.a.. Even after bond period is over the opposite party did not pay the amount together with interest as such she issued notice under original of Ex.A3 received by the opposite party under Ex.A4 acknowledgment. Thus complaining the deficiency of service on the part of the opposite party, the complainant filed this complaint for recovery of the amounts.
2 The opposite party remained exparte. The complainant filed her chief affidavit and marked the above said documents.
3 As seen from the allegations in the complaint the following points emerge for consideration:
1. Whether the complainant is a consumer as defined under C.P. Act?
2. Whether the complainant is filed this complaint within the stipulated time for a period of 2 years with the mandatory Sec. 24[A] of C.P. Act?
3. Whether the complainant is entitled for relief as sought by her?
4 Point No.1: The version f the complainant is she obtained two bonds for Rs.1,00,000/- from the opposite party and though the period was expired. The opposite party did not pay the amount. To invoke the jurisdiction of the Consumer Forum first of all the complainant must satisfy the description of a consumer. If he satisfied that the criteria then we have to see whether there is any deficiency of service on the part of the opposite party.
5 Sec. 2 of the Consumer Protection Act defines a consumer means any person who buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose etc.
6 Thus as seen from the very definition of consumer the complainant does not fit in with this within this definition. On the other hand the transaction is civil nature for recovery of amounts and the complainant has to approach regular civil court for her remedy. Thus this point is answered against the complainant.
7. Point No.2: Even otherwise this complaint is barred by limitation as the period of first bond is for 2 years i.e. from 09.06.2006 to 09.06.2008. The complaint should have been laid within 2 years from 09.02.2008. The 2nd bond is for period from 20.06.2006 to 20.06.2007. The complaint should have been laid on or before 20.06.2009. Thus both the bonds are hopelessly barred under Sec.24[A] of C.P. Act. Thus this point is also answered accordingly.
8 In the result, the complaint is dismissed in the circumstances without costs.
Typed by the steno, corrected and pronounced by us, in open Forum, this the 29th day of January, 2015.
Sd/- xxxx Sd/- xxxxxx
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For complainant :
Sri D.G. Rajeswararao [Complainant ]
For opposite party : None
DOCUMENTS MARKED
For complainant:-
Ex.A1 09-06-2006 Original of Money bond No.1055
Ex.A2 20.06.2006 Original of Money bond No.1056
Ex.A3 30.05.2014 Office copy of Legal Notice got issued by complainant to opposite party
Ex.A4 Acknowledgement of legal notice
For opposite party:- Nil
Sd/- xxxx Sd/- xxxxxx
MEMBER PRESIDENT
