Order No.  2  dt.  26/10/2018

            The complainant filed this case against the o.p. stating inter alia that one Gurvantrai M. Vora opened fixed deposit in the name of Collector of Customs A/C Hemali International on 26.3.1992 for a sum of Rs.2,05,106/- as per Court’s order. The fixed deposit was made initially for six months and thereafter it was renewed from time to time. The custom authority on 16.7.01 released the bank guarantee and asked the bank to refund the amount. The o.p. bank sent a cheque of Rs.2,16,387/- without payment of any interest charges from 26.9.1992 till date of payment (18.9.01). On the basis of the said fact the complainant filed this case stating inter alia that the complainant will be entitled to get the amount with interest and since the complainant was not provided with the interest the complainant filed this case praying for direction upon the o.p. for releasing the amount of Rs.19,46,449/-.

            On perusal of the record we find that the complainant had earlier filed a case before Hon’ble State Commission whereby o.p. bank after appearance filed a petition for non maintainability of the case. Hon’ble State Commission after hearing both sides was pleased to dismiss the contention of the complainant and dispose of the M.A. Subsequently Hon’ble State Commission passed an order dt.14.8.18 whereby it was held that since the complainant claimed inflated amount against the o.p. thereby the case was dismissed on the basis of the judgment passed by Hon’ble National Commission. On perusal of the record we find that the amount was deposited as per the order of Court’s proceeding and the fixed deposit matured in the year 2001 and o.p. sent a cheque to the complainant which was not received by the depositor. Since it appears from the record that the matter set at rest in the year 2001 and after the lapse of several years the case was filed before Hon’ble State Commission in the year 2015 which clearly established the fact that the case is barred by limitation and the principle held by Hon’ble Supreme Court in Lakshmi Engineering Works vs. PSG Industrial Institute is not applicable in this case since before filing of the case before Hon’ble State Commission the statutory period of limitation was already over. On the basis of the facts and circumstances of the case we hold that the case filed by the complainant has got no merit and accordingly, the case is not maintainable and the same is dismissed in limini.

            Hence, ordered,

            That the CC. No.284/2018 is dismissed in limini.