KIRITBHAI D. PATEL vs ADITI POLY CONTAINERS PVT. LTD.

THIS appeal arises from order dated 17.4.2003 rendered by the learned Consumer Disputes Redressal Forum, Ahmedabad (Rural) in Misc. Complaint No. 19 of 2003, rejecting the complaint as barred by limitation under Section 24A of the Consumer Protection Act, 1986.

AFTER the appeal was admitted, notice was issued to the opponent company but it has failed to appear before this Commission. We have heard the learned Advocate for the appellant-original complainant. It would appear from the facts set out in the complaint as well as in this appeal that the complainant had deposited certain amounts in the opponent company and as per the statement dated 1.4.2000 issued by the opponent company, Rs. 1,76,310/- were lying as deposited with the opponent company. It has also asserted that the complainant made demand for the first time calling back the amount from the opponent company on 17.6.2002. It might be noted here that the opponent company did not have any occasion to refuse payment. The complaint came to be filed on 5.3.2003. Thus it was clearly within period of limitation which commenced earliest on 17.6.2002 when the demand was made. As a matter of fact, during the period when the amount was lying deposited limitation does not begin to run. It is only when the deposit ripens for payment upon efflux of time and the company or the party who has kept the deposit refuses payment that the period of limitation begins to run. In the present case, there is no fixed period of deposit. Thus, the period of limitation would run from the date of demand and to be precise from the date on which the demand was received by the company or person keeping the deposit and payment has been refused. Bearing in mind such principle attending the question of limitation in cases of deposits, we propose to allow this appeal holding that the appellant''s complaint before the learned Forum was clearly within the period of limitation. Following order is, therefore, passed. ORDER Impugned order dated 17.4.2003 rendered by the learned Consumer Disputes Redressal Forum, Ahmedabad (Rural) in Misc. Complaint No. 19 of 2003 is hereby set aside. Complaint bearing No. 19 of 2003 is hereby revived. The learned Forum will proceed to issue summons to the opponent and proceed with the complaint in accordance with law. The complainant will remain present before the learned Forum on 26.4.2004 with a true copy of this order in order to enable the learned Forum to proceed with the matter further. This appeal is accordingly disposed of, with no order as to costs. Appeal disposed of.