AI Structured Summary
Not yet generated for this judgment
Judgment
The petitioner/complainant allegedly entrusted 1900 Kg of rubber to respondent no.2 Kerala State Co-operative Rubber Marketing Federation Ltd. through its then Officer-In-Charge of Kuttikol Branch namely Mr. C.J. Mathew. The case of the complainant is that the rubber was to be stored by respondent no.2 and was to be sold on increase in its price. This is also his case that the price of the rubber was not paid to him though it had increased from Rs.64/- to Rs.92/-. He having died in the meanwhile, respondent no.1 was appointed as the Officer-In-Charge of another Branch namely Ulikal Branch from where she resigned on 04.05.2011. Alleging deficiency in the services on the part of the respondent, the petitioner approached the concerned District Forum by way of a Consumer Complaint seeking refund of Rs.1,79,800/- alongwith interest and compensation.
The complaint was resisted by the respondents. In her reply, respondent no.1 claimed that she was not In-charge of the Kuttikol Branch at any point of time and her husband had never stored rubber with the Federation. She also stated that there was no practice of the Federation procuring the rubber and stocking the same till increase in its price.
Respondent no.2 also took a preliminary objection that the complaint was barred by limitation having been filed on 26.05.2011 whereas the alleged cause of action to the complainant arose on 02.12.2008. On merits, it was alleged that the transaction between the complainant and respondent no.2 was a sale transaction effected on 03.12.2008 whereby the rubber was sold to respondent no.2 at the price of Rs.64/- per kg. for a total consideration of Rs.1,21,600/- which was duly paid to him and was acknowledged by him in Creditors Register at Kuttikol Branch.
The District Forum, having dismissed the Consumer Complaint, the petitioner approached the concerned State Commission by way of an appeal. The said appeal also having been dismissed, he is before this Commission.
This is petitioner's own case that the rubber was entrusted by him with the late husband of respondent no.1 who was the then In-Charge of Kuttikol Branch of respondent no.2 on 02.12.2008. There is no evidence of he having stored the rubber for the purpose of selling the same on increase in its price. In fact, it is not necessary that the price would only have increased. It could also have decreased with the passage of time. In any case, in the absence of any documentary proof, it cannot be accepted that the rubber was accepted and restored for being sold at a later date at an increased price. In fact, the Creditors Register which respondent no.2 filed before the District Forum, clearly showed that it was a pure and simple case of sale of the rubber for 03.12.2008 for a consideration of Rs.1,21,600/-. Therefore, the Consumer Complaint instituted on 26.05.2011, was clearly barred by limitation prescribed under Section 24A of the Consumer Protection Act. Admittedly, no application was filed by the complainant seeking condonation of delay in filing the Consumer Complaint. Therefore, the Consumer Complaint was liable to be dismissed on this ground alone, the provisions of Section 24A of the Consumer Protection being mandatory and rather pre-emptory in nature. A reference in this regard can be made to the decision of the Hon'ble Supreme Court in State Bank of India Vs. B.S. Agriculture Industries II (2009) CPJ 29 (SC).
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."
It would be seen from the aforesaid provision that it is peremptory in nature and requires consumer forum to see before it admits the complaint that it has been filed within two years from the date of accrual of cause of action. The consumer forum, however, for the reasons to be recorded in writing may condone the delay in filing the complaint if sufficient cause is shown. The expression, `shall not admit a complaint' occurring in Section 24A is sort of a legislative command to the consumer forum to examine on its own5 whether the complaint has been filed within limitation period prescribed thereunder. As a matter of law, the consumer forum must deal with the complaint on merits only if the complaint has been filed within two years from the date of accrual of cause of action and if beyond the said period, the sufficient cause has been shown and delay condoned for the reasons recorded in writing. In other words, it is the duty of the consumer forum to take notice of Section 24Aand give effect to it. If the complaint is barred by time and yet, the consumer forum decides the complaint on merits, the forum would be committing an illegality and, therefore, the aggrieved party would be entitled to have such order set aside.
On merits also, the Creditors Register produced by respondent no.2 which the complainant did not dispute on affidavit, clearly shows that the price of the rubber at Rs.64/- per kg was duly paid to them on 03.12.2008. Therefore, on merits also, the complainants have failed to prove any case for any payment to them.
For the reasons stated hereinabove, the concurrent view taken by the fora below does not call for any interference by this Commission in exercise of its revisional jurisdiction. The Revision Petition, being devoid of any merits, is hereby dismissed.