NCDRC

NCDRC

RP/577/2011

VIJAY PRUTHI - Complainant(s)

Versus

BANK OF BARODA & ANR. - Opp.Party(s)

IN PERSON

18 Mar 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 577 OF 2011
 
(Against the Order dated 18/08/2010 in Appeal No. 35/2010 of the State Commission Himachal Pradesh)
1. VIJAY PRUTHI
R/o. House No. 151, MIG (Deluxe) Sector-4, Parwanoo Tehsil-Kasauli
Solan
Himachal Pradesh
...........Petitioner(s)
Versus 
1. BANK OF BARODA & ANR.
Through its Branch Manager, Taksal/Parwanoo Branch, Tehsil-Kasauli
Solan
Himachal Pradesh
2. THE CHIEF MANAGER BANK OF BARODA
(A Government of India Undertaking), Head Office Mandvi
Baroda
Gujarat
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Petitioner :IN PERSON
For the Respondent :NEMO

Dated : 18 Mar 2011
ORDER

Delay of 19 days in filing the Revision Petition is condoned.

          Complainant deposited a cheque of Rs.8,250/- in August 1994, which according to him was not credited to his account.  He filed the complaint in the year 2004.  District Forum dismissed the complaint as barred by limitation.  Stand taken by the respondent was that the bank had destroyed the record beyond 12 years.  Petitioner also did not produce the pass-book.  District Forum dismissed the complaint as barred by limitation as well as on merits.

          Petitioner, being aggrieved, filed appeal before the State Commission, which has been dismissed by the impugned order.

          We agree with the view taken by the fora below that the complaint was barred by limitation.  Moreover the petitioner had also not produced his own pass-book to enable the court to ascertain as to whether the said amount was credited in his account or not.

          No merits.  Dismissed.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
SURESH CHANDRA
MEMBER

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