ZUBAIR ENTERPRISES Vs. MANAGER SAUDI ARABIAN AIRLINES

JUDGEMENT

(1.) Mr. Ghulam Nabi Mir is appearing for Union of India for opposite party No.2. There is no appearance by opposite party No.1 nor has the complainant appeared today. All these cases have been filed on the ground that the export consignment of carpets at different intervals in 1982-83 and 1985 which were to be delivered by opposite party No.1 to opposite party No.2 were not delivered strictly in accordance with the order and therefore grave dereliction of duty and breach of trust was committed. Even at para 22 of Complaint No.30 it is stated that the cause of action arose on 2.3.1988 when the complainant received reply of respondent No.1. The position in all these cases is same. We may note that the cause of action in these cases has arisen at Bombay where the consignments were booked with opposite party No.1. The office of opposite party No.2 with whom the transaction took place is also situated at Bombay and the cause of action according to the complainant has arisen way back in 1988, obviously at Bombay where he received the reply and where he is running his business. Admittedly the complainant had also filed a suit before the High Court as an indigent person which he allowed to be dismissed in default.

(2.) In our view, these complaints are not maintainable before us for two reasons namely that the cause of action has arisen at Bombay way back in 1988 as admitted by the complainant at para 22 of the complaint and since the transactions are of 1982-83 and 1985. Even if it is presumed that the cause of action arose in 1988 the complaints are utterly time barred as under the amended J and K Consumers Protection Act no complaint can be entertained after two years of the cause of action. The complainant has not submitted any application or any affidavit to show why the complaints need to be entertained at this stage. For these reasons these complaints are dismissed as time barred and on the ground that the cause of action has not arisen within our jurisdiction. A copy of the order be placed on these and a certified copy of the order be given to the parties to be collected by them on their own within a weeks time.