Sri Shyamal Gupta, Member

The present Appeal is directed against an Order passed by the Ld. District Forum, Kolkata-III (South) on 15-01-2018 dismissing the complaint case on limitation ground.

The positive case of the Appellant is that, against the various arbitrary acts of the Respondent Bank, it filed a complaint before the Banking Ombudsman on 03-10-2013.  However, as the same was rejected, it moved a writ petition before the Hon’ble High Court, Calcutta in the year 2014.  When the Complainant realized that the dispute had no solution in writ jurisdiction, it voluntarily withdrew the said writ petition on 03-04-2017 and thereafter filed the instant complaint case.  However, as the said complaint case was also dismissed, feeling aggrieved, it moved this Appeal.

Both sides were represented by their respective Ld. Advocates. Apart from hearing the submission of the parties, we have also gone through the material on record.

It is a fact that the instant complaint case was not filed within the statutory limitation period of two years.  In order to prove its bona fide in the matter, the Appellant filed an application praying for condoning the delay in filing the complaint case.  However, as the reasons put forth by it did not cut ice with the Ld. District Forum, the complaint case was dismissed on limitation ground.

As it appears, at first the Appellant ventilated its grievance before the Banking Ombudsman.  Vide its order dated 07-02-2014, the Banking Ombudsman rejected the complaint of the Appellant.  Subsequently, a writ was preferred before the Hon’ble High Court, Calcutta in the same year being no. W.P. 2016(W)/2014.  On the prayer of the Appellant, the Hon’ble Court was pleased to dismiss the said writ as withdrawn on 03-04-2017.  Ultimately, the complaint case was filed before the Ld. District Forum 13-10-2017. 

The above sequence of events, if taken into consideration properly, it does not emanate any such impression that there was dearth of due diligence on the part of the Appellant to get its grievance duly redressed.  Time and again the Hon’ble Apex Court made it clear through catena of judgments that while dealing with delay condonation petitions, a Court of Law should try and adopt liberal approach, as far as possible, in the interests of natural justice.  Further, it bears no mentioning that this beneficial legislation has also been enacted in order to protect the interests of aggrieved consumers. 

Keeping in mind such wider aspects into perspective, we are inclined to allow this Appeal.

Hence,

O R D E R E D

The Appeal stands allowed on contest against the Respondents.  The impugned order is hereby set aside.  Parties to appear before the Ld. District Forum on 22-04-2019 for fresh adjudication of the case on merit.