ORDERS ON MAINTAINABILITY OF COMPLAINT ON ADMISSION

1. That the complainant  has filed the complaint against the Op seeking relief of deficiency of service for the issue mentioned in the complaint sought for a total compensation of refund of a sum of Rs.2,65,818.64/- along with interest  with other reliefs as prays in the complaint  and by alleging the deficiency he sought for the relief.

2.  On the date of hearing the arguments of the complainant on admission, the complainant remained absent to  argue on admission. On perusal of the complaint and documents the commission come to the conclusion that, since the complaint filed by the complainant as a dispute pertaining that the complainant has received text message/SMS on his registered mobile number with OP1 sent by OP-3 informing him that the lien has been marked on the complainant account for a sum of Rs.2,22,578/- against outstanding dues in his ICICI bank loan account bearing no.0338. After that the complainant approached Ops to rectify the issue, but even after 03 days the lien was still reflecting in his account. When the complainant visited OP2 regarding issue, the OP2 informed the complainant that the lien marked was for the loan availed in the year 2017 at Mumbai, but the OP-2 denied to provide the details of the loan account.  Aggrieved by the act of the Ops the complainant has filed the present complaint.

3. From the perusal of complaint averments the present complaint  is filed by the complainant after lapse of limitation period of 02 years.  The complainant should have file the complaint well within 02 years from the date of actual accrual of cause of action on 2007. The calculation to file the  complaint should have been calculated from the  actual date of cause of action and it is to be noted that in the averments of the complaint the loan availed in the year 2007. It has to be filed well within limitation period as per section-69 of C.P.Act, 2019. In the averments of the complaint, the complainant has aggrieved by the action taken by the OP should have to intimate the complainant  before this Commission well within 02 years from the  date i.e.2007, but the averments of the complainant, the calculation of limitation  should not be as per their convenience of the merits of the case. As per averments of the complaint and documents produced, the complainant failed to mention the date of cause of action. From the perusal of the complaint averments and the facts  of the complaint the  limitation to file the complaint from 2007.  The averments of the entire complaint no where in the complaint the complainant mentioned the date of cause of action, but the complainant has taken date of the text message sent by OP for the purpose of calculation of limitation point and as per documents produced by the complainant i.e. document no.4, 2^nd page communication between the complainant and OP. In reply communication the OP   has intimated to the complainant earlier regarding payment of loan, despite various reminders and notices sent to the complainant  regarding status of the account, but the complainant has not produced other intimation letter from the OP, even the complainant has failed to produce all the relevant  documents with date, the complainant filed this complaint by  producing documents as per their convenience in order to suit the limitation.

4. In view of the above, the date of  cause of action which is mentioned in the complaint by producing the screen shot of the message of complainant mobile, the limitation to file the complaint is barred and complaint has to file by the complainant well within time i.e. from 2007. The complainant has not made any attempts to give any reasonable cause and the complainant has not at all mentioned in the entire complaint the date on which the cause of action occurred  to maintain the present complaint. It appears to be note that in order to evade the point of limitation the complainant has not disclosed anything about the actual accrual of cause of action to file the complaint under section 69 of C.P.Act. It is clearly stated that any complaint should have been filed within 02 years from the date of cause of action, inordinate delay cannot be condoned as per the principles of Hon’ble Supreme Court of India, in several rulings on the point of limitation. If at all the said date is considered  that the present complaint is to be held filed after lapse of inordinate delay after lapse of 10 years and eventually the complaint is liable to rejected as barred by limitation.

5.    In view of the above discussion,  we proceed to pass the following    

Complaint is hereby rejected as barred by limitation.

               MEMBER                MEMBER          PRESIDENT