Consumer Complaint No. 114 /2024.

Order date: 23 .07.2024.

Today is fixed for admission hearing.

Ld. Advocate for the complainant is present and files permission u/S 35(1)(c ) of the C. P. Act, 2019.

The complaint is moved (which was started on 26.03.2005)  by the complainant for admission.

Heard the Ld. Advocate for the complainant.

In the complaint, the complainants state that they are the customers of OP No.1 reinvested Rs.22,428/- for 36 months @ 8% being account No. 29711/36 for getting matured value of Rs. 28444/- as on 26.03.2005 . Subsequently, the matured amount was renewed on 04.10.2006 for another 36 months vide account no. 160225 @ 7.25% likely to be matured on 4.10.2009 and matured amount was fixed as Rs.38,782/-. They also averred that during the course of shifting from Katwa to Burdwan the complaints somehow misplaced the reinvestment certificate as a result could not receive the matured value of impugned certificate. So, the complainant wrote a letter dt. 28.3.2023 stating that they would like to enchase the certificate. But the OP No.1 never care to make any reply. So, the complainant served a legal notice dt. 5.12.2023 stating that the whole episode. But this time the OP No.1 remained silent. Getting no alternative, the complaints served another letter through their Ld. Advocate in e-mail address of the Nodal Officer of P.N.B on 16.01.2024. OP No.2 received the mail with thanks but no measure has been taken till date. So, the complainants getting no alternative preferred the recourse of law before this Ld. Commission.

Perused the complaint and the documents so filed by the complainants.

We, the Commission, find that there is no covenant clause either in the certificate dt. 26.03.2005, which was reinvested and date of maturity was 4.10.2006 and the said amount was again reinvested @ 7.25% and matured on 04.10.2009 . Thereafter,   the complainants did not approach to the OP No.1 for encashment of the said certificate on and after  04.10.2009 save and except sending a letter  on 28.03.2023.

Now, we find in record some letters or mails were exchanged in between the complainants and the OP Nos.  1 & 2 with regard to maturity amount on dt. 04.10.2009. Moreover, the exchange of those letter or mails (as on record) are too time barred with regard to the date of maturity date i.e. 04.10.2009.  Even if there is no petition for condition of delay though the complainants at the time of admission raised contention of continuity of the cause of action through the previously mentioned letter or mails dt. 28.03.2023 and 16.01.2024 but those are also too remote to the matured date i.e. 04.10.2009. Naturally, we find this complaint is highly time barred (near about of 15 years ) by the law of limitation.

Let the admission be refused.

The case is thus disposed of not being admitted.

Let a copy of this order be given to the complainant on free of cost.

Member                                                  Presiding-Member               

                         D.C.D.R.C., Purba Bardhaman                    D.C.D.R.C., Purba Bardhaman