Delay of 74 days in filing the appeal is condoned.

Complainant/appellant purchased a bank draft from SBI Branch at Sansadiya Soudha in New Delhi.      The draft was deposited in the Service Branch of SBI at Kolkata on 21.2.2009.  Due to some conflicting version of the parties, the draft could be formally deposited on 17.3.2009 and after clearance/collection, the same was credited to the account of the appellant on 28.3.2009.  The amount could be withdrawn by the appellant on 30.3.2009.  Appellant filed the complaint before the State Commission in Assam alleging that was maltreated by an official at Kolkata Service Branch.

State Commission has dismissed the complaint for want of territorial jurisdiction.  According to the State Commission, neither the cause of action nor a part of the cause of action had arisen in Assam.  State Commission relied upon a judgment of the Supreme Court in Sonic Surgical vs. National Insurance Co. Ltd. – (2010)1 SCC 135 in support of the conclusion arrived at. 

We agree with the view taken by the State Commission.  Neither the cause of action nor a part of the cause of action had arisen in Assam.  The judgement of the Supreme Court in Sonic Surgical case (supra) is fully applicable to the facts of the present case.

No ground for interference is made out.  Dismissed.

Appellant is put at liberty to seek redressal of his grievances from appropriate Forum having territorial jurisdiction and, in case such complaint is filed within 60 days from today, the same be entertained without objection to limitation.