UNIT TRUST OF INDIA Vs. VIDYA PRASAD SHARMA
UTTAR PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
UNIT TRUST OF INDIA
Vidya Prasad Sharma
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(1.) THIS is an appeal against judgment and order dated 21.1.2000 passed by the learned District Consumer Forum II, Lucknow in complaint case No. 360/99
(2.) HEARD Mr. Abdul Moin Khan, learned Counsel for the appellant and Mr. R.K. Gupta, learned Counsel for the respondent.
(3.) THE impugned judgment was criticized on the ground that complaint is highly barred by limitation and as such the complaint should have been summarily dismissed on merit. More so, there was no liability of the payment so ordered by the learned District Forum. Mr.Gupta on the other hand submitted that the complaint has been throughout energetic in lodging the demand and the appellant has been assuring to pay throughout and they have been deferring the issue on one pretext or the other and ultimately after getting the final reply in the year 1999, the complaint was filed and, thus, the complaint was not barred by time. Over and above the merit, the learned District Forum's findings do not require any interference.
In the instant case the complainant admittedly is the holder of unit certificate bearing No. 4813113003088 for 1000 units and 48411303729 for 2500 units. The case of the complainant is that the payment has not made of the amount towards dividend for the year ending June, 1990 and 1992 against the unit certificates. Thus, the non -payment of the amount of warrants towards dividend related to the period of June, 1990 and June, 1992. Section 24(a) of Consumer Protection Act, 1986 provides a period of two years for filing the complaint. There is no acknowledgement in the instant case clearly showing that the appellant has at any stage acknowledged the liability of the appellant rather throughout it has been made clear that the claim of the complainant was not sustainable as the payment of amount towards dividend has already been paid back. The waiting for 9 years and 7 years respectively is without any sustainable material showing the acknowledgement. Two years period for filing the complaint as provided under Section 24(a) of Consumer Protection Act, 1986 is to be computed from the date of accrual of the cause of action. Obviously the complaint is barred by limitation and this legal aspect has at all been ignored by the learned District Forum.;
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