Orissa

Jajapur

CC/125/2023

Sri Priyaranjan Mohapatra. - Complainant(s)

Versus

Vodafone Care. - Opp.Party(s)

27 Jul 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION : JAJPUR : ODISHA.

Consumer Complaint No. 125 / 2023.

Date of filing Complaint   :-               19.06.2023

Date of Order                  :                   27.07.2023.            

Dated the 27th day of July’ 2023.

Sri Priyaranjan Mohapatra,

S/O Biswanath Mohapatra

Vill. Haripur, P.O. Kabirpur

 P.S.Kuakhia , Dist:- Jajpur,                                                      .  .  .  .  Complainant.    

                                    Versus.

            1.Vodafone Care,New Town,Kolkata Cofee day, DIF,IT Park street,

               No.14,Pin.700156.

            2. Vodafone Care,Kolg Vodafone, Vodafone Care Maha, Vodafone,Goa

                Pin-4003001.

            3. Vodafone Store,Link Road,Cuttack, At/P.O. Link Road,Dist.Cuttack.

                                                                                                                               ….......Opp.Parties.

P R E S E N T S.

1.Smt.Susmita Mishra,President,

                                  2.    Sri Bibekananda Das,       Member (I/c).

               Counsels appeared for the parties.                           

For the Complainant            Sri A.K.Biswal, Advocate . 

For the Opp. Parties:             None.

 

J U D G M E N T.

MRS SUSMITA MISHRA, PRESIDENT  :

            This  C.C.Case No.125 of 2023 is taken up today for consideration hearing on the point of admission of the complaint petition.

            The brief facts of the case is that the above named complainant is a consumer of Vodafone of the above said O.Ps. The complainant had used Vodafone SIM bearing No.9777777755 since long. On 11.08.2020, the mobile set of the complainant  was lost during the journey by his Motor Cycle from Haripur to Kuakhia,Dist.Jajpur. Immediately the matter was informed to the O.P.no.3.As per the instruction of O.P.no.3,an FIR was lodged vide FIR No.29 dated 11.08.2020 at Kuakhia police station for  the purpose of recovery of the same SIM Number from Vodafone Care. After several request to the O.P.no.3 to save the SIM Card but the same SIM card Number was not provided by the O.Ps. On 01.09.2020, the complainant issued Legal Notice through his advocate vide Regd post/ dated 14.09.2020 but in vain.  Rather, the complainant came to knew that the same SIM No.9777777755 was received by another person in Uttar Pradesh. The O.Ps were failed to return the same. SIM Number to the complainant and this according to the complainant its amounts to deficiency in service. Hence the complaint petition filed before this Commission by the complainant.

            Heard. We have perused the record and documents available therein.

            In this case, we have seen the cause of action arose on 11.08.2020 when the Mobile phone set of the complainant was lost with Vodafone SIM Card No.9777777755 and on 14.09.2020 when the  Legal notice was posted through Regd.post. It also appears to us that  no new/ fresh cause of action was arose against the O.Ps to file the present  complaint after a long gap. In the instant case, we find that the case is barred by limitation since the last cause of action occurred  on 14.09.2020 and the complaint case was filed on 19.06.2023, which is much beyond the two years period stipulated under the C.P.Act,2019.

After perusal of the record. It appears to us that  the complainant has not filed any limitation petition or any  application for condonation of delay explaining the cause of delay in filing the complaint case after a chance given by this Commission to the complainant. There is delay of about 02 years 09 months and 05 days in preferring to file the consumer complaint as per the office report.

Therefore, under the facts and circumstances and on consideration of the materials available on record, it appears to us that the said complaint bearing C.C.Case No.125/2023 being barred by the law of limitation is not maintainable in the eye of law.

In the light of the above discussion, we are rely upon the case of Lucknow Development Authority Vrs.Shyam Kapoor,(2013) 1 CPJ-1(SC), it has been observed by the Hon’ble Supreme Court that:

“ when a complaint is filed after a long delay and   the complainant has not moved application for condonation of delay, such a complaint is liable to be dismissed”.

Thus, in the present case, consumer complaint was filed on 19.06.2023 from the cause of action arose on 14.09.2020, meaning thereby complaint was filed after 02 years 09 months and 05 days , rather the complaint has to be filed within a period of two years from the cause of action accrues under the provision of Section-69 of the C.P.Act,2019. It is our considered view that the complaint petition is not maintainable as per the Act,2019 and devoid of any merit and as such liable to be dismissed.

Consequently ,the present C.C.Case No. 125 of 2023 is devoid of any merit and hereby dismissed at admission stage. But no order as to cost. Accordingly, the C.C.Case is disposed of.

Issue extract of the order to the  concerned parties .

Judgment pronounced in the Open Commission on this the 27th   day of July’ 2023.