MS. NIPUR CHANDNA, MEMBER
ORDER
20.06.2024
1. A complaint under Section 12 of Consumer Protection Act filed. In brief the facts of the complaint are that complainant is having the joint account with his wife Mrs. Lali with OP Bank vide account no. 10666762638 and another account no. 1066789322 with his wife name. It is alleged by the complainant that from these two accounts 13 FDRs were prepared. All the FDRs were renewed from time to time and remain in the possession of the complainant till 24.02.2005.
2. In the year 2005, complainant visited OP Branch and got issued two FDRs bearing no. 0129201207311 for a sum of Rs. 25,000/- and other FDR bearing no. 0129201207314 for a sum of Rs. 30,000/-. Both these FDRs were retained by OP and after two days two FDRs bearing no. 0725941 for a sum of Rs. 4037 renewed up to 12.03.2006 and other FDR bearing no. 0725756 for a sum of Rs. 4037/- renewed up to 12.02.2007. On 12.02.2009, due to financial need the complainant requested the officials of the OP to release the FDRs. The two officials of the OP namely Sh. Jai Prakash and Sh. Mukesh Sharma hide the original Fixed Deposit of the complainant and further inform him that he had already released the proceeds of the aforesaid FDRs on 10.01.2001. It is further alleged by the complainant that the officials of the OP in connivance with each other get release the proceeds of the aforesaid FDR without obtaining his signature as well as of his wife.
3. It is alleged by the complainant that on several occasions complainant approached the OP for getting the maturity valued of the FDR but the officials of the OP denied the same under the pretext that the same has been encashed by him in the months of January, 2001. It is further alleged by the complainant that he wrote various letters to the banking ombudsman, Hon’ble Prime Minister and other but all in vain. Being aggrieved by the unfair trade practice adopted by the officials of the OP, complainant approached this Commission for redressal of his grievance.
4. Notice of the complaint was sent to OP. OP filed its written statement wherein it denied any deficiency in service on its part. OP has strongly challenged the issue of limitation by taking the preliminary objections, hence, needs to be decided first.
5. On merit it is submitted by OP that no documents/receipts has been placed on record by the complainant thereby establishing that two FDRs of Rs. 25,000/- and 30,000/- issued on 11.12.1998 was retained by OP Bank. It is further stated that the present complaint be dismissed having no merit.
6. No rejoinder to the WS of OP filed. Complainant filed his evidence by way of affidavit wherein he has corroborated the contents of his complaint. Sh. Ashutosh Branch Manager of OP Bank filed evidence by way of affidavit on behalf of OP.
7. Both the parties filed their respective written arguments. We have heard the arguments advance at the bar by complainant as well as Ms. Mayuri Chawla counsel for OP.
8. It is argued by the complainant that since the OP failed to release the proceeds of FDRs dated 11.12.1998 in his favor, the cause of action is continuing one, hence the present complaint is well within limitation.
6. Before adverting to the disposal of the present complaint let us peruse the relevant provision in respect of limitation provided under Consumer Protection Act, 1986.
As per section 24 A of Consumer Protection Act, 1986: -
- The District Forum, the state commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.
- Notwithstanding anything contained in subsection (1). A complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Forum, the state commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period: provided that no such complaint shall be entertained unless the National Commission , the State Commission, as the case may be records its reason form condoning such delay.
7. A perusal of the aforesaid statutory position reflects that the complaint should be preferred within a period of two years of the accrual of cause of action.
8. Admittedly, the complainant initially purchased the FDR from OP Bank for the period from 11.12.1998 and he approached the OP Bank for the release of the FDR on 12.02.2009, the officials of the OP informed him that the two FDRs for a sum of Rs. 25,000/- and Rs. 30,000/- had already been released in his favor on 10.01.2001, hence, the substantive cause of action for filing the present complaint arose on 12.02.2009 when the OP informed the complainant in respect of the release of the FDRs in his favor on 10.01.2001.
9. Admittedly, the complainant approached OP for release of the FDR in question on 12.02.2009, hence the substantive cause of action for filing the present complaint arose on 12.02.2009. The complainant ought to have file the present complaint in respect to the non release of the proceed of FDR in question within two years of the accrual of the cause of action i.e. 12.02.2011. The complainant approached this Commission on 17.06.2019 i.e after 08 years and 04 months of the accrual of substantive cause of action.
9. In view of the above discussion, we are of the considered opinion that substantive cause of action for filing the present complaint arose 12.02.2009 the complainant ought to have file the present complaint within two year of the accrual of cause of action i.e. 12.02.2011. The complainant has filed the present complaint on 17.06.2019 i.e after 08 years and 04 months, the present complaint is therefore barred by limitation. On merit also due to lack of documentary evidence complainant failed to establish that two FDRs of Rs. 25,000/- and Rs. 30,000/- issued on 11.12.1998 were retained by OP Bank. We, therefore, find no meritsin the present complaint, hence, dismissed.
File be consigned to record room.
10. Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving the application from the parties in the registry. Order be uploaded on www.confonet.nic.in.
Announced in open Commission on 20.06.2024.
Sanjay Kumar Nipur Chandna
President Member
