Sri Shyamal Gupta, Member

This Appeal is directed against the order dated 26.10.2018 of the Ld. DCDRC, Kolkata—I (North) passed in CC/284/2018 by the Appellant/Complainant.

The fact of the Complainant opened a fixed deposit for a sum of Rs. 2,05,387/- favouring Collector of Custom on 26.03.1992 with New Bank of India now Punjab National Bank. On 18.09.2001, the Collector of Custom released the Fixed deposit in favour of the Complainant and the Complainant requested the bank to pay the entire matured proceeds of the said Fixed deposit. Unfortunately, the bank paid a sum of Rs. 2,16,387/- which includes interest for a period of six months only whereas the bank enjoyed the money since 1992 to 2001 but did not pay any interest for the said period.

Being dissatisfied, the Complainant returned the said cheque by its letter dated 06.10.2001 to the Bank with a request to pay the entire matured proceeds.

The Complainant filed a case before the State Commission being case no. 99 of 2015 claiming for a sum of Rs. 25,72,412/-. During the pendency of the said case, a misc case was filed by the O.P Bank challenging the maintainability of the case. However, said case was dismissed on 22.05.2017.

The case was finally disposed of on 14.08.2018, and was dismissed with the observation that the claim was made inflated. However liberty given to make appropriate petition before the appropriate forum.

The Complainant, thereafter, filed an application before the Consumer Disputes Redressal Forum being Case no. 284 of 2018 claiming a sum of Rs. 19,46,449/- calculating interest at the applicable rate.

After hearing both sides, Ld. DCDRC dismissed the Complaint Case in limini on 26.10.2018.

Being aggrieved with the said order dated 26.10.2018, Complainant/Appellant filed the instant Appeal.

The case runs ex parte hearing.

Perused the order dated 26.10.2018 which speaks as follows:-

“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.”

Perused the observation of this Commission in CC/99/2015 dated 14.08.2018 which speaks as follows:-

“that the Complaint case stands dismissed. The Complainant may move the appropriate Forum to get her grievance addressed. In that case, the Complainant will be entitled to the benefit of the observations of the Hon’ble Supreme Court in Laxmi Engineering Works—Vs—P.S.G. Industrial Institute AIR 1995 SC 1428 for the purpose of exclusion of time spent in pursuing the case before this Commission.”

Heard the submission of the Ld. Advocate of the Appellant. Considering the entire position, dismissal of the CC/284/2018 by Ld. DCDRC is not justified.

In view of said premises the case is remanded back to Ld. DCDRC for fresh adjudication on merit. Thus the Appeal is allowed in part ex parte.