from which date limitation period start in the case of post certificate issued by the post?
Mayuresh Gujar
(Querist) 01 July 2011
This query is : Resolved
Sir,
1.cheque rtn memo 5/5/2011
2.demand notice date 14/5/2011.
3. Acknowledgement receipt not received hence application given for "post certificate" 0n 15/6/2011 as per post office rule.
4.certificate received on 18/6/2011.
"delivered on 19/5/2011"
my Question is from which date limitation is start?
A. From 19/5/2011
B.from 18/6/2011 (post certificate)
Ravikant Soni
(Expert) 01 July 2011
from 04-06-2011
because limitation recons after notice period of 15 days.
Delivered on 19-05-2011
15 days ends on 03-06-2011
limitation starts on 04-06-2011
Dayananda Gowda
(Expert) 01 July 2011
I agree with Ravikant sir. The Limitation starts to run after 15 days from the date of Service of Notice
adv. rajeev ( rajoo )
(Expert) 02 July 2011
You came to know the service of notice on 18/6/11 and came to know that notice is served on 19/5.
From 19/5/11, one months notice period ends on 18/6/11- 15 days ends on 2/7/11, still you have got limitation up to 1/8/11 to file a case.
If you relied on the postal information still you have got lot of time. But you have take contention that, service of notice came to the knowledge on so and so date. Hence from the date receipt of postal information within one month complainant is filed.
Advocate Bhartesh goyal
(Expert) 02 July 2011
Notice served on 18 5 2011 and after expiry of grace period 15 days the limitatin starts and cause of action arise on 4.6.2011and you can file complaint in court within 30 days from 4.6 2011.
R.Ramachandran
(Expert) 02 July 2011
I agree with the views of M/s. Prabhakar, Ravikant and Bhartesh. The day to reckon is the date of delivery which was 19.5.2011. Accordingly, the limitation starts from 4.6.2011. One has to file the complaint within 30 days from 4.6.2011.
sumant singh
(Expert) 08 July 2011
i fully agree with bhartesh ji.
