9911796707
TMI Blog2009 (3) TMI 979X X X X Extracts X X X X X X X X Extracts X X X X ..... or Redressal of Consumer Disputes, Uttar Pradesh, Lucknow (for short, `State Commission') but without any success. The National Commission upheld the concurrent orders of consumer fora to which the Bank is aggrieved. 2. The complainant filed a complaint against the Bank on May 5, 1997 claiming an amount of ₹ 2,47,154/- for deficiency in service alongwith interest @ 12% p.a., litigation expenses and compensation. The complainant averred; that it has been carrying on business of manufacturing and supply of engines and pump sets all over India through their dealers and distributors; that it sent to the Bank seven bills amounting to ₹ 2,47,154/- drawn on M/s Unique Agro Service, P.O. Heria, District Midnapore (W.B.) together with GR's of transporters for collection of payment and remittance of proceeds to the complainant; that it instructed the Bank to deliver the bills and GR's against payment to the drawee (M/s Unique Agro Service) and charge interest @ 24% per annum from May 22, 1994 (if the documents are not retired by the drawee from the Bank within 30 days of the presentation of the bills); that the Bank was also instructed to return the bills and GR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h interest @ 15% per annum from April 21, 1994 and ₹ 5,000/- as compensation. As stated earlier, the State Commission affirmed the order of the District Forum and the National Commission also did not interfere with the concurrent orders of the consumer fora. 7. Section 24A of the Act, 1986 prescribes limitation period for admission of a complaint by the consumer fora thus: 24A. Limitation period - (1) The District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen. (2) Notwithstanding anything contained in sub- section (1), a complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Forum, the State Commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period: Provided that no such complaint shall be entertained unless the National Commission, the State Commission or the District Forum, as the case may be, records its reasons for condoning such delay. 8. It would be seen from the aforesaid provision that it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the National Commission nor the State Commission had considered the preliminary objections raised by the appellant that the claim of the respondent was barred by time. According to the complaint filed by the respondent, the cause of action arose when, according to the respondent, possession was received of the booth site and it was allegedly found that an area less than the area advertised had been given. This happened in January 1987. Furthermore, the bhatties which were alleged to have caused loss and damage to the respondent, as stated in the complaint, had been installed before 1989 and removed in 1994. The complaint before the State Commission was filed by the respondent in 1997, ten years after the taking of possession, eight years after the cause of alleged damage commenced and three years after that cause ceased. There was not even any prayer by the respondent in his complaint for condoning the delay. 12. Therefore, the claim of the respondent on the basis of the allegations contained in the complaint was clearly barred by limitation as the two-year period prescribed by Section 24-A of the Act had expired much before the complaint was admitted by the State Commission ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase charge interest @ 24% PA from dt. 22.05.94 4. PLEASE COLLECT C FORM IF THE PARTY IS UNABLE TO FURNISH C FORM PLEASE COLLECT 6% EXTRA ON COST OF GOODS. IF THE DOCUMENT RETIRED WITHIN 15 DAY FROM BILL DATE DISCOUNT WILL BE ALLOWED 5% AND WITHIN 20 DAYS @ 3% AND WITHIN 30 DAYS @ 1% Copy to:- M/s Unique Agro Service Heria, Distt. Mindnapur (W.B.) With a request to kindly retire the documents on presentation by the bank and oblige us with your kind intimation of date when the bill is paid by you. CC TO PARTY ENCLOSE - AS ABOVE. 14. The said letter clearly instructs the Bank to return the documents if not honoured by drawee by June 7, 1994. Obviously, the cause of action accrued to the complainant on June 7, 1994 when it did not receive the demand draft for ₹ 2,47,154/- nor received the documents. The limitation, thus, began to run from June 7, 1994. The complaint ought to have been filed within two years therefrom which in fact was not done as the complaint was filed much thereafter i.e., on May 5, 1997. The complaint was apparently time barred. Learned counsel for the complainant would, however, submit that the complainant sent various letters to the Bank ..... X X X X Extracts X X X X X X X X Extracts X X X X
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