Manager Credit Cards, Standard Chartered Bank. - Opp.Party(s)
Mr. Md. A. Ahmed. Mr. Uday Chandra Jha.
18 Jun 2010
ORDER
STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
BHAWANI BHAWAN (Gr. Floor),
31, Belvedere Road, Kolkata - 700027
FA No: 134 Of 2010
(Arisen out of Order Dated 24/02/2010 in Case No. 1127/2009 of District Kolkata DF, Unit-2)
1. Manish Jhunjhunwala.S/O Sri Ramnath Jhunjhunwala, 4, Clyde Row, PS. Hastings, Kolkata- 700022.
...........Appellant(s)
Versus
1. Manager Credit Cards, Standard Chartered Bank.Eastern Zonal Office, 19, Netaji Subash Road. Kolkata-700001.2. Arun Menon.Officer Customer Care, Statdard Chartered Bank, India Bank Card Centre, Raheja Point, Magarah Road. Bangalore. 560025.3. Mr. Jaspal Singh Bindra. Chief Executive Officer (India), Standard Chartered Bank, 23-25, Mahatma Gandhi Road. Mumbai-400001. Maharashtra.
Mr. Md. A. Ahmed. Mr. Uday Chandra Jha., Advocate for the Appellant 1Mr. Debabrata Mondal. Mr. C. Bhattacharya., Advocate for the Respondent 1
ORDER
No. 3/18.06.2010.
HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.
Appellant through Mr. Uday Ch. Jha, the Ld. Advocate and Respondent Nos. 1 to 3 through Mr. Chiranjib Bhattacharyya, the Ld. Advocate are present.This appeal is against the order dated 24.02.2010 passed by D.C.D.R.F. Calcutta, Unit – II in Complaint Case No. 1127/09 whereby the complaint has been dismissed upholding the objection of the O.Ps as regards limitation.Heard Mr. Uday Ch. Jha, the Ld. Advocate for the Appellant and Mr. Bhattacharyya, the Ld. Advocate for the O.Ps – Respondents.Admittedly the complaint has been dismissed at a very early stage before even Written Version was filed.The impugned order shows that cause of action held to have arose much before two years when the complaint was filed.Mr. Jha, the Ld. Advocate for the Complainant – Appellant relied on the facts stated in paragraphs 13, 14, 15, 16 & 22 of the complaint in support of his contention that a part of the cause of action arose within the period of two years from the date of filing of the complaint.Mr. Bhattacharyya, the Ld. Advocate for the O.Ps – Respondents strongly relied on the paragraph 22 of the complaint for stating that the Complainant himself stated the facts of 2005 only while narrating the cause of action in the complaint and, therefore, such complaint filed on 10.08.2009 has to be taken as barred by limitation.
We have considered the contentions and we have also considered statements made in the complaint.It is true that in paragraph 22 of the complaint facts narrated are of all 2005, but there is a pleading that the cause of action is still continuing.In view of the facts stated in paragraphs 13, 14, 15, 16 we are of the opinion that on the date of filing of the complaint the cause of action was still continuing.But we make it clear that we have not decided the matter on merit and question of limitation has been decided at this stage only on the pleadings as it stands.In the circumstances we set aside the impugned order and remand the matter back to the Forum for consideration of the complaint case on merit in accordance with law and we also make it clear that after the evidences are recorded on completion of the pleadings the Forum will be entitled to consider the question of limitation also in accordance with law and any finding in the present judgement will not affect the said consideration.
