| Complaint Case No. CC/24/2018 | | ( Date of Filing : 31 May 2018 ) |
| | | | 1. Smt. Aparna Dey Sarkar, | | D/O Late Akhil Chandra Dey Sarkar, Resident of Oodlabari(Subhaspally), P.O.- Manabari, P.S.- Mal, Distrist-Jalapiguri, Pin.-735222. |
| ...........Complainant(s) | |
| Versus | | 1. The Senior Superintendent, Department of Posts, | | Jalpaiguri Division, P.O. and P.S.- Jalpaiguri, P.O. and P.S.- Jalapiguri, Dist.- Jalpaiguri, Pin.-735101. | | 2. the Additional Director, Small Savings, Financial Department, | | P.O. and P.S.- Jalapiguri, Dist.- Jalapiguri, Pin.-735101. | | 3. The Post Master, Head Post Office, .Jalpaiguri, | | P.O. ad P.S.- Mal, Dist.- Jalapiguri, Pin.-735221. | | 4. The Sub-Post Master,Sub Post Office, Manabari, | | P.O.-Manabari, P.S.- Mal, Dist.- Jalpaiguri, Pin.-735222. |
| ............Opp.Party(s) |
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| Final Order / Judgement | The complainant is present by filing Hazira through Ld. Advocate. The case is taken up for admission hearing. Perused the petition of complainant and other materials on record. Heard the Ld. Lawyer for the complainant. It is the case of the complainant that she deposited one A/c payee Cheque Bearing No. 276185 dt. 29.08.2012 for sum of Rs. 10,964 before the opposite party No 4/the Sub Post Master, Manabari Post Office, P.S. Mal. Dist. Jalpaiguri for encashment. But the said cheque was not encased. Ultimately the O.P. No.1 informed in writing vide letter dt. 30.12.2013 that the said cheque has been lost in transit. The O.P. No. 1 also requested the complainant to go through the process to obtain duplicate cheque against the said lost cheque from the concern authority. Unfortunately the complainant neither took any steps to obtain duplicate cheque nor took any steps against the opposite parties till 19.03.2018 when the complainant issued the Legal Notice. So, the cause of action arose on 30.12.2013 when O.P. No. 1 finally informed the complainant that the cheque has been lost in transit. As per provision of section 24 A of the Consumer Protection Act, 1986, the District Forum shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen. In the instant case, we have already found that the cause of action arose on 30.12.2013. So, the complainant was required to file the present case within two years i.e. within 30.12.2015. But the complainant has failed to file the present case within the said statutory period of two years. Therefore, the present case is barred by limitation. As such, the case can not be admitted by this District Forum and accordingly the case is liable to be dismissed. Hence it is O R D E R E D :- That the Consumer Case no.24/2018 be and the same is dismissed. The case is thus disposed off. Let a plain copy of this order be supplied to the complainant free of cost or be sent through speed post. Let the extra sets be also returned to the complainant on proper identification. | |
