::BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT BIDAR::
C.C. No.24/2016.
Date of filing: 05.05.2016.
Date of disposal: 31.03.2018.
P R E S E N T:-
(1) Shri. Jagannath Prasad Udgata, B.A., LL.B.,
President
(2) Shri. Shankrappa (Halipurgi),
B.A.LL.B.,
Member.
COMPLAINANT/S: 1. Ramling S/o Ambaraya Hippargi,
Age: 65 years, Occ: Pensioner,
R/o H.No. 17-4-204 R.V. Bidap colony Bidar.
(By Sri. Yeshappa, Adv.)
VERSUS
OPPONENT/S: 1) Vishwa Pattina Soudharda Sahakari(N)
Aditya Nagar near sindhol Kalyan Mantap
Manhalli Road, Bidar By its;
2) B.Manohar S/o Tippanna Bhakade,
President/Managing Director.
3) Mr. Vishwanath Biradar,
Present Manager.
4) Mr.Mallikarjun Naubade,
Previous Manager, R/o Chitta road,
Bidar.
5) Bharat B.Patil R/o R.B. Bidap colony,
Opp. Gumma Bidar Director.
6) M.Gurlingayya Swamy Advocate,
R/o Mahesh Nagar Near Ringroad Gumpa
Bidar Director.
7) Bhakatraj Yedlapur R/o Agriculture
Colony Opp. Gumpa Bidar-Director.
8) Ashokreddy S/o Narsareddy R/o Agriculture
colony, Opp.Gumpa Bidar-Director.
9) Suryakant A.Patil R/o Agriculture
colony, Opp.Gumpa Bidar-Director.
10) Venkatrao Ekhalli R/o Agriculture
colony, Opp.Gumpa Bidar-Director.
11) Vaijinath Mangane R/o Agriculture
colony, Opp.Gumpa Bidar-Director.
(By R3.Sri. Sanjay Patil and R4. Ramesh Nelage, Adv.
R1,R2,and R5 to R11-Exparte.,)
:: J UD G M E N T ::
By Shri. Jagannath Prasad Udgata, President.
The complainant has approached this forum by filing a complaint u/s 12 of the Consumer Protection Act 1986 alleging as follows.
2. That, the first opposite party is a registered society constituted under provisions of co-operative Societies Act vide registration certificate No.951/02-03 date: 15.05.2002. The other opponents are directors and office bearers of the opponent No.1.
3. The complainant alleges that he got retired in the year 2010 and on superannuation received, pension and others service benefit. He invested a sum of Rs.2,00,000/- with the opponent society in fixed deposit for a period of one year commencing from 31.03.2010. The complainant was entitled interest at the rate of 12% per annum together with the principal amount on the maturity date 31.03.2011. The F.D.R. was bearing No.641 and the account No. was 635/10.
4. The complainant submits that after the date of maturity the opponents neither paid him the interest or the principal amount for which he got issued the legal notice on 28.03.2016 inspite of which no payment was made to him for which he has approached this forum for relief(s)..
5. In the instant case opponents No.1,2 and 5 to 11 did not put up appearance inspite of being served with the notice and consequentially were placed exparte. Only opponent No.3 and 4 were participating and have filed written versions in which the fact of investment of Rs.2,00,000/- has been admitted. The opponent No.3 but has claimed that he is Ex. C.E.O. of the Society and having been retired is in no way responsible for any payment. He squarely puts the responsibly of payment on the opponent No.2.
6. The complainant has filed evidence affidavit and written argument and has submitted document listed at the end of this order. Per contra the opponents have chosen not to lead any evidence and address any arguments.
7. Considering the contents of complaint and written version filed by O.P.No.3 and 4 first of all we all we have to consider as to whether this complaint can be entertained by this forum and hence we fix the preliminary point as follows.
i. Is this complaint filed in time as provided for u/s 24(a) of the C.P. Act 1986.
Our answers to the above point is a negative owing to the following reasons.
:: REASONS ::
8. The complainant has submitted the copy of the F.D.R. vide annexure-A of this case. From the same it is revealed that the instant F.D.R. had matured on31.03.2011. There is no averment in the complaint to the effect that, after the maturity of the F.D.R. the complainant had ever made any demand for such payment with the opponents. No evidence has been led before us to substantiate that within two years of the date of maturity i.e. 31.03.2013 the complainant has at any point of time demanded his principal amount and interest. Rather the complainant has chosen to issue a legal notice on 28.03.2016 much beyond the period of limitation prescribed. The issuance of a legal notice after about 3 years from the date of arousal of the cause of action would not make the delayed action of the complaint sacrosanct and hence we are constrained to order as follows:-
ORDER.
- The complaint is dismissed being barred by time.
- There would be no order as to costs or otherwise.
(Typed to our dictation then corrected, signed by us and then pronounced in the open Forum on this 31st day of March 2018).
Sri. Shankrappa H. Sri. Jagannath Prasad
Member. President.
Documents produced by the complainant
- Annexure. a- Copy of F.D.R. No.641.
- Annexure. b– Office copy of legal notice date: 28.03.2016.
- Annexure. c to e– Postal receipts.
- Annexure. f—Postal acknowledgement.
- Annexure. g– Return postal cover.
- Annexure. h- Copy of proceeding of the opponent society
date: 02.01.2006.
- Annexure. j- Copy of certificate of registration of opponent society.
Document produced by the Opponents.
–Nil-
NIl
Witness examined.
Complainant.
- P.W.1- Ramling S/o Ambaraya Hippargi (complainant) .
Opponent No.1
–Nil-
Sri. Shankrappa H. Sri. Jagannath Prasad
Member. President.
