NCDRC

NCDRC

RP/3680/2010

JAYA B. APPACHU ALIAS NEELAM JAYA APPACHU - Complainant(s)

Versus

CHIEF MANAGER, STATE BANK OF INDIA - Opp.Party(s)

IN PERSON

29 Nov 2010

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3680 OF 2010
 
(Against the Order dated 19/07/2010 in Appeal No. 2638/2009 of the State Commission Karnataka)
1. JAYA B. APPACHU ALIAS NEELAM JAYA APPACHU
No. 64, BDA Commercial Complex, Indiranagar 2nd Stage
Bangalore - 560038
Karnataka
...........Petitioner(s)
Versus 
1. CHIEF MANAGER, STATE BANK OF INDIA
SSI Branch, Kumara Park, 8577 No. 179, S.C. Road, Seshadripuram
Bangalore - 560038
Karnataka
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.K. BATTA, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :IN PERSON
For the Respondent :NEMO

Dated : 29 Nov 2010
ORDER

Heard husband of the petitioner/complainant.  He submits before us that a sum of Rs.2 lakhs was deposited by the petitioner/complainant with a specific understanding that the same was to be deposited for a short period of 15 days after which the amount was to be returned to the petitioner/complainant.  He further states that the Bank never intimated the complainant about the adjustment of the said amount of Rs.2 lakhs against the loan taken by the husband of the complainant and as such cause of action is  continuing and the claim is not barred by limitation as held by two fora below. 

            To start with, we are of the view that the complainant is not even a consumer within the meaning of Section 2 (1) (d) of the Consumer Protection Act., 1986.  Besides this, the complainant had deposited the said amount for a period of 15 days only and after 15 days, the complainant could have asked the Bank to return the same.  It may be mentioned here that deposit was in fact made for a period of 45 days.  Therefore, if the compromise had not been worked out, the complainant was entitled to receive the amount after 15 days or at the most after 45 days. The complainant approached the District Forum after a gap of about 10 years. Thus,  the complaint was hopelessly barred by limitation.  Petitioner/Complainant further states that Civil Suit filed by the Bank has been decided.  In view of the above, we are not inclined to entertain this revision filed against  concurrent findings of two fora below. The revision is, hereby dismissed, with no order as to cost.

 
......................J
R.K. BATTA
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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