Today has been fixed for necessary order. The complainant filed this petition u/s 5 of the limitation act, 1963 wherein he stated that he is a victim of gross banking negligence for the act of opp.parties and the complainant filed a complaint before the banking ombudsmen, R.B.I.Guwahati on 3.9.2020 and 7.9.2020. The said banking ombudsman rejected the complaint vide an order dtd. 30.10.2020 .

    After the rejection of the complaint by the banking ombudsman, the complainant  could not filed  his complaint before this commission due to the Covid -19 pandemic and lock down  during the relevant period .

   It is further stated in the petition that due to sudden death of his father as well as sudden detection of Covid -19 of his mother, there was a delay of 2 years 4 months after the rejection of the complaint by the Ombudsman R.B.I. Guwahati. The delay of filing this complaint is neither intentional nor willful , but only due to unavoidable circumstances arose. The complainant prayed to consider the delay in filing the complaint petition and admit the complaint .

   Against the said petition of the complainant the opp.parties filed written objection wherein they have stated that  the complainant is not entitled for any compensation as there is no negligence on the part of the opp.party bank. . The opp.parties have denied that the complainant was physically and mentally weak due to the sudden death of his father as well as sudden detection of Covid-19 of his mother .

 The opp.party bank further stated in their written objection that delay in filing of the complaint case due to covid -19 situation cannot be acceptable and therefore, the misc case filed along with the complaint case is liable to be dismissed.

   It is seen from the record that  the complainant filed his complaint case against the opp.parties on 3.3.2023 . The complainant filed this misc.case for condoning the delay of his complaint case on 24.3.2023 . The complainant stated about the rejection of his grievances by the banking ombudsman , R.B.I.Guwahati through a letter 30.10.2020. It is acceptable that due to Covid-19 pandemic situation for which lockdown was declared in the year 2021 for which the complainant could not filed his complaint against the opp.parties . 

  We have found  that the complaint filed by the complainant before the Ombudsman was dismissed on 30.10.2020.  In this case the complainant could have filed his complaint before this commission within 2 years i.e. before 30.10.2022 , but considering the prevailing situation of covid -19 as well as personal inability owing to the death of his father and covid infection of his mother, have caused inconvenience to the complainant in filing this complaint .

   As such , the delay in filing this complaint is condoned and  this petition is allowed. The complain  case filed by the complainant be put up for hearing.

   Misc. case is disposed of .