C.C. No.209/2023

Bholanath Mallick,

S/o. Late Duryodhan Mallick,

Vill.- Janhapal,

P.O.- Pankapal, Via- Rahama,

P.S.- Tirtol,

Dist.- Jagatsinghpur.                                                 ……………. Complainant

                           (Versus)

1. Branch Manager,

Indian Overseas Bank,

Paradeep Branch (1136),

At/P.O.- Paradeep,

Dist.- Jagatsinghpur.

2. Regional Manager,

Indian Overseas Bank,

Regional Office at- Bhubaneswar,

B/2- West Saheed Nagar,

Dist.- Khurda- 751007.…..… Opposite parties

For Complainant………..Mr. S.N. Mishra, Advocate

For Opposite Parties………..Mr. A. Mohanty, Advocate

ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                                 JUDGMENT

            Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;

            “Direct the opposite parties to make payment of Rs.5,95,000/- with cost.”

            Brief fact of the case is that complainant deposited Rs.75,000/- and Rs.1,00,000/- on 24.6.1995 in the bank of opposite party No.1 at Paradeep Branch in the name of his two sons namely Ajit and Akshaya but opposite party No.1 did not provide any other documents such as bond or passbook showing acknowledgement of such deposits. During October 1999 cyclone the dwelling house of the complainant having been seriously damaged and household articles dislocated the complainant failed to trace the receipts despite thorough search but found those during the year 2012, hence approached the opposite party bank in this regard and the opposite party No.1 bank vide letter dtd.1010.2012 informed that no such deposits made available in the bank records. Since then till date the complainant a too old aged man moving from one end to other of bank of opposite parties but of no action as a result the complainant apprehending loss of his hard earned deposits has filed the present consumer complaint seeking aforesaid releif. 

            Opposite parties have filed their written version stating as under;

            The complainant has not understood his case on its proper perspective, because the documents available on record shows that the complainant have already withdrawn the amount by way of crediting the same in the account since 22.01.1996. But after lapse of 27 years filing of the present complaint is hopelessly barred by limitation under C.P. Act, 2019. The son of complainant approached the banking Ombudsman for necessary redressal where the opposite party bank also intimated vide his letter dtd.16.11.2017 indicting therein that the amount has been withdrawn finally by the complainant on 22.01.1996 amount Rs.1,60,000/- with interest.

            Opposite parties in their letter dtd.16.11.2017 to Banking ombudsman has stated as under. The ledger copy supplied by opposite parties to complainant also supported the case of opposite parties regarding the transactions as stated in the letter dtd.16.11.2017. We have perused the order of learned Ombudsman which is relied on by both parties and directed to file as the same is not in the record. We have several times issued directions to page mark the consumer complaint but the same is not done. Registry is once again directed not to receive any documents if not page marked and arranged properly.

            The amount in question was deposited in 1995 and withdrawn in 1996 as stated by opposite parties and it is within the knowledge of complainant w.e.f. 2012 as per letter dtd.10.10.2012 of opposite party to complainant. The complainant has also approached Banking Ombudsman in 2017 and has come to this Commission on 28.6.2023 i.e. after 28 years of deposit and complainant is not sure in which scheme it was deposited but as per the reply of opposite parties it was for 46 days and withdrawn on subsequent dates in 1996.

            As such the consumer complaint is grossly barred by limitation as stipulated U/s.69 of Consumer Protection Act, 2019 and involves disputed question of fact and the trial in Consumer Commission being summary in nature cannot adjudicate disputed question of fact and it is also involves dispute in accounts which is also not to be adjudicated by Consumer Commission. It is not a continuing cause of action as no fixed deposit is for 28 years. Besides the above complainant has already approached learned Ombudsman and this Commission is not the appellate authority of Ombudsman.

            As such we find no merit in the consumer complaint and also consumer complaint is grossly barred by limitation and accordingly the consumer complaint is dismissed. No cost.       

            Pronounced in the open Commission on this 6^th April,2024.