SATISH CHANDRA JHA vs BIHAR STATE CO-OP.LAND DEVELOPMENT BANK LTD.

IT is not necessary to go into the details of this Petition as it is a very stale one. According to the complainant, he had applied to the Opposite Parties for sinking a tubewell in his land and a diesel pump set about 22 years back. The Opposite Parties supplied the pump set but have not got the boring (tube well) sunk. Therefore, the pumping set is lying useless. He has claimed Rs. 1,37,00,000/- as compensation on various counts.

THE complainant has filed this complaint after a lapse of 22 years. In fact he had taken a loan from the Opposite Parties No.1 and 2 for sinking a tube well and purchased a pump set. Annexure ''A'' is a notice issued by the Bank in 1988 for paying the amount due. This complaint has been filed on 5.8.1994. The Consumer Protection Act, 1986 as amended by the Consumer Protection (Amendment) Act, 1993 lays down vide Section 24A, that 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 I arisen. As noticed earlier, in the present case, the cause of action, according to the complainant, had accrued 22 years back when the tube-well was not sunk in his land. Even if a cause of action is deemed to have again accrued in the year 1988 when the Bank issued a notice annexed to the complaint as annexure ''A'' for recovery of the amount due the present complaint filed in 1994 is still barred by time. Hence, for the foregoing reasons, as present complaint is hopelessly time barred, we dismiss the same.