West Bengal

Kolkata-II(Central)

CC/341/2014

Smt. Manju Lata Behati - Complainant(s)

Versus

Head Consumer Banking Operation, C/o Standard Chartered Bank - Opp.Party(s)

Self

30 Oct 2014

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
KOLKATA UNIT - II.
8-B, NELLIE SENGUPTA SARANI, 7TH FLOOR,
KOLKATA-700087.
 
Complaint Case No. CC/341/2014
 
1. Smt. Manju Lata Behati
74/1, Narkeldanga Main Road, Kolkata-700 054.
2. Mr. Pradip Chand Behati
74/1, Narkeldanga Main Road, Kolkata-700 054.
...........Complainant(s)
Versus
1. Head Consumer Banking Operation, C/o Standard Chartered Bank
19, N. S. Road, Kolkata-700001. P.S. Hare Street.
2. Associate Manager, Standard Chartered Bank
Customer Care Unit, 19, Rajaji Salai, Chennai-600001.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Bipin Mukhopadhyay PRESIDENT
 HON'ABLE MR. Ashok Kumar Chanda MEMBER
 HON'ABLE MRS. Sangita Paul MEMBER
 
For the Complainant:Self, Advocate
 Self, Advocate
For the Opp. Party:
OPs are present.
 
ORDER

. Lawyers of both the parties are present.  Maintainability petition filed by the op challenging the maintainability of this case on the ground that it is barred by limitation is taken up for final hearing.  Heard both the parties and after considering the complaint, it is found that this complaint was filed on 22.07.2014.  But fact remains that complainant took a housing loan in the month of January-2005 and that loan account has already been closed finally on the basis of the forged closure made by the complainant and that was finally disposed and loan account finally closed on 15.06.2011.  All other documents were supplied and handed over to the complainant in the month of January-2012.

          So, after that there is no relationship in between the complainant and op as consumer and service provider.  But even then complainant filed this complaint on 22.07.2014.  So, it is clear that if there is any grievance of the complainant, the complaint ought to have been filed by January-2014.  But anyhow this complaint was filed on 22.07.2014, but there was no application u/s 24A of C.P. Act 1986 for condonation of delay at the time of filing the complaint and for which we have gathered that the present complaint is barred by limitation and there is no scope to consider on the part of the Forum to enter into the merit of this case in view of the fact that there was no application for condonation of delay as per proceeding of Section 24A of C.P. Act 1986.

          But it is proved beyond any manner of doubt that the complainant filed this complaint after lapse of six months from the date of expiry of filing this complaint by the complainant.  If this complaint would be filed within January-2014 in that case there was no question of any limitation.  But apparently this complaint is barred by limitation when no condonation of delay was granted by this Forum before operating this complaint as there was no application u/s 24A of the C.P. Act by the complainant.  Accordingly the application filed by the op challenging the maintainability of this case and it is barred by limitation.

 

          Hence, it is

ORDERED

          That the complaint be and the same is dismissed on contest but without any cost on the ground that the present complaint is barred by limitation u/s 24A of C.P. Act 1986.

 
 
[HON'BLE MR. Bipin Mukhopadhyay]
PRESIDENT
 
[HON'ABLE MR. Ashok Kumar Chanda]
MEMBER
 
[HON'ABLE MRS. Sangita Paul]
MEMBER

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