Delay of 21 days is condoned.

          Complainant/respondent no.1 herein was holding a PCO Telephone Booth.  He had furnished a bank guarantee through the petitioner to the telecom department.  The bank guarantee was valid for the period from 06.2.1998 to 05.2.2001.  On expiry of said period of the bank guarantee, without informing the complainant, petitioner paid a sum of Rs.11,000/- to the telecom department on 14.2.2001

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and the remaining sum of Rs.4000/- to the complainant.  Aggrieved by this, the complainant filed a complaint before the District Forum.

          The District Forum dismissed the complaint vide its order dated 27.4.2005 as the same had been filed beyond the period of limitation. 

Aggrieved by this, the complainant/respondent no. 1 herein filed an appeal before the State Commission which has been allowed by the impugned order.  The State Commission came to the conclusion that the complaint was filed within the period of limitation; it is admitted position between the parties that no sum was due from respondent no.1 to the telecom department, but still the petitioner sent them a sum of Rs.11,000/-;  until and unless the bank guarantee was invoked by the telecom department, the petitioner was not justified in sending the sum of Rs.11,000/- to the telecom department.

          We agree with the view taken by the State Commission that until and unless there was some amount due to the telecom department, the petitioner was not justified in sending the sum of Rs.11,000/- to the telecom department, especially when the telecom

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department had not invoked the bank guarantee.  Revision petition is dismissed.