DATE OF ORDER

ORDER WITH SIGNATURE

ORDER OF THE REGISTRAR ON OFFICE NOTING.

29.01.2020

             Shri Lokhendra Jhala, learned counsel for the appellant.

             Heard on admission.

              This appeal arises out of  the order dated 02.09.2019 passed by the
District Consumer Disputes Redressal Forum, Mandsaur (for short ‘Forum’) in complaint case no.28/19, whereby the Forum has dismissed the complaint filed by the appellant / complainant on the ground that the same has been filed beyond the prescribed period of limitation.

             Having gone through the impugned order, we find that the appellant had sent a cooler to Mumbai on 16.04.2016 through the respondent – courier service.  According to the appellant / complainant the said cooler was not delivered to its destination and therefore, he approached the police for making a grievance against the respondent.  On 10.09.2016 the appellant sent a notice to the respondent but no reply was given.  Alleging deficiency in service and seeking price of the cooler amounting to Rs.6474/- from the respondent with compensation of Rs.1 lac., the appellant approached the Forum by filing a complaint under Sec. 12 of the Consumer Protection Act, 1986.

               The Forum noting the fact that the cause of action arose on 16.09.2016 when the said cooler was taken for being transported and sent to the destination and that the complaint has been filed on 19.03.2019, held it to be, barred by limitation. Having held so the Forum dismissed the complaint as aforesaid.

              We find that assuming that on 16.04.2016 when the cooler was being transported, the cause of action may not have arisen then, but the cause of action certainly arose after a week or two when the said cooler was expected to be delivered but was not delivered.  Even taking the said period, we find that the complaint cannot be said to be within limitation as it was filed on 19.03.2019.

             In the circumstances, no case for interference in the impugned order is made out.   The appeal fails and is dismissed, with liberty to the appellant to take appropriate steps for redressal of his grievance in accordance with law before the appropriate Forum.