CONSUMER DISPUTES REDRESSAL FORUM
PALAKKAD, KERALA
Dated this the 15th day of January, 2013.
Present: Smt. Seena. H, President
: Smt. Preetha. G. Nair, Member
: Smt. Bhanumathi. A.K, Member Date of filing: 22/12/2012
CC /231/2012
K.M. Abdul Khadar
S/o. Mohammed Rawther, - Complainant
Kizhakkumuri house, Vandazhy P.O
Alathur Taluk, Palakkad – 678 706
( By Adv. V.K. Venugopalan)
Vs
1. Union of India represented by the
Chief Post Master General,
Kerala Circle, Thiruvananthapuram
Pin – 695 033
2. Post Master General,
Calicut.
3. Senior Superintendent of Post offices,
Palakkad Division, Palakkad.
- Opposite parties
4. Post Master,
Vandazhi.
O R D E R
BY SMT. SEENA.H, PRESIDENT
Complaint in brief:-
Complainant purchased 37 Indira Vikas Patras issued by 3rd opposite party in the year 1996, 1997, 1998, and 1999. Date of maturity of the above are in the years 2002,2003,2004 and 2005. Complainant has claimed for disbursement of the amount in the year 2007. Opposite parties did not disbursed the amount since the certificates were lost. Hence lawyer notice dtd. 12/03/2012 was caused for which opposite parties replied stating that the maturity value cannot be disbursed since the certificates are lost. Hence the complaint.
Complaint was posted for hearing on admission regarding limitation. Heard the complainant.
According to the complaint itself, the year maturity of the various IVP's – 2002,2003,2004 and 2005. Admittedly complainant has claimed the amount in the year 2007. Complaint has been filed after a lapse of 6 years. As per Sec 24(A) of Consumer Protection Act, complaint has to be filed within 2 years from the date of cause of action. No sufficient reason made out for condonation of delay for 6 years. No application for condonation of delay is filed. Issuance of lawyer notice will not extend the limitation period.
In view of the above discussions, we are of the view that the complaint is barred by limitation. Hence without going in to merits of the case, we dismiss the complaint.
Pronounced in the open court on this the 15th day of Janury, 2013.
Sd/-
Smt. Seena. H
President
Sd/-
Smt. Preetha.G.Nair
Member
Sd/-
Smt. Bhanumathi.A.K
Member
