Ld. Advocate(s)

                        For Complainant: Mokbul Rahaman

                        For OP/OPs : None

Date of filing of the case                :26.09.2019

Date of Disposal  of the case         : 28.02.2023

Final Order / Judgment dtd.

This is a case under section 12 of the Consumer Protection act 1986 filed by the aforesaid complainant against the aforesaid opposite parties praying for refund of Rs.29.500gms Gold  or Market value of the same, interest for the further period, compensation and litigation cost.

Complainant stated in the complaint that he deposited Rs.32,175/- and Rs.20,304/- i.e total sum of Rs.52,479/- for  Rs.29.500gms Gold  before the office of OP no.1 under Sahara Q Gold Mart Limited scheme and two  documents were  prepared by OP no.1 to that effect and handed over the same to him.

 But after maturity date OPs turned down to refund the maturity value.

          After admission  of the aforesaid  complaint,  notices were  issued upon the OPs but neither the OPs nor their representative /representatives came  forward before this  Commission to  contest  this  complaint  case, hence  the instant case fixed for ex-parte hearing.

During Ex-parte hearing of this case, complainant produced original deposit certificates relating to aforesaid deposit dtds. 05.07.2012 and 13.07.2012 vide no. 092000083137 and 092000083143.

Ld. Adv. for the complainant submitted Affidavit – in – Chief which is unchallenged testimony and brief notes of argument. He also made verbal submission.

We have carefully gone through the aforesaid documents. No doubt regarding genuineness of these  documents appeared before us and we think that these documents may be considered.

DECISION WITH REASONS

It is the case of the complainant that on 05.07.2012 he invested Rs. 32,175/- and on 13.07.2012 he invested Rs. 20,304/- for 29.500 gms Gold before the office of OPs in the “Sahara Q Gold Mart Limited” Scheme and after lapse of maturity date i.e July 2017 he wanted the maturity value and he went before the office of OPs for the said purpose but they turned down the matured value.

We also find from the document on record that OP no.2 and 3 are  the representative of OP no.1. We also find that complainant is the consumer under the OPs within the purview of C.P.Act 1986 and subject matter of the complaint is under the jurisdiction of this commission. We also find that cause of action of this case has arisen on 05.07.2017 and 13.07.2017 and complainant has filed this case on 26.09.2019.

 Accordingly, we find that present case has not filed within the statutory period  i.e within 2 years from the date  of cause of action.

Considering the materials on record and in view of the aforesaid discussion we find that present case is barred by limitation.

In the  result present  petition of the complainant is barred by law of limitation.

Hence, it is

ORDERED,

That the present case be and the   same is dismissed ex-parte against the OPs but without any order as to cost as it is barred by limitation but without any order as to costs.

          Let a plain copy to this final order be supplied to the complainant free of cost.

Dictated & corrected by me

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                PRESIDENT

 (Shri   DAMAN PROSAD BISWAS,)

                                                                                                                               PRESIDENT

                                                                                                    (Shri   DAMAN PROSAD BISWAS,)

I  concur,

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            MEMBER                                                                                        

(NIROD  BARAN   ROY  CHOWDHURY  )