DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION ERNAKULAM
Dated this the 27th day of June, 2023
Filed on: 29/11/2018
PRESENT
Shri.D.B.Binu President
Shri.V.Ramachandran Member
Smt.Sreevidhia.T.N Member
CC NO. 492/2018
Between
COMPLAINANT
Saraswathi Devi, W/o. T.N.R. Menon, Saraswathi Mandiram, South Naluvazhi, North Paravur.
VS
OPPOSITE PARTY
A.A. Jaleel, A.A. Jaleel & Associates, Advocates, 142, 1st Floor, KHCAA Golden Jubilee Chambers Complex, Near High Court of Kerala, Kochi 682031.
(Rep. by Adv. Raja Raja Varma, Thripunithura, Ernakulam)
FINAL ORDER
V. Ramachadran, Member:
This consumer complaint is filed by Smt. Saraswathi Devi, Saraswathi Mandiram, South Naluvazhi, North Paravur against Adv. A.A. Jaleel, A.A. Jaleel & Associates, Ernakulam alleging that the opposite party had cheated the complainant and obtained an amount of Rs.10,000/- from the complainant by giving wrong legal advice.
Upon notice from the Commission the opposite party represented and filed their version.
Opposite party filed I.A. challenging the maintainability of the complaint. In the version the opposite party denied all the allegations and filed I.A. No. 262/2018 challenging the maintainability of the complaint and filed objection also. The Commission heard both sides.
This complaint pertain to the year 2018 and the date of cause of action is 10/07/2016. The complainant filed this complaint after a delay of 145 days. The gist of the complaint is that the complainant had paid an amount of Rs.10,000/- to the opposite party and the opposite party stated that he had represented the case of the complainant before Hon’ble High Court of Kerala as WP (C) No. 18951/2016in which the Hon’ble Court have decided the case also. Since the complainant had not filed the consumer complaint within the time limit, the complaint is barred by limitation and hence the complaint is not maintainable before the Commission
O R D E R
The complaint is filed after the limitation period and hence not maintainable and therefore the complaint is dismissed
Pronounced in the Open Commission this 27th day of June, 2023.
D.B.Binu, President
Sreevidhia.T.N, Member
Forwarded/by Order
Assistant Registrar
Despatch date:
By hand: By post
kp/
CC No.492/2018
Order Date: 27/06/2023