Date of Filing: 17.06.2019.                                                         Date of Disposal: 15.02.2023.

Complainant-Subrata Kumar Bhatta           Vs.      O.P.-S.B.I, Muchipara Br. Roy Market,Durgapur.     

Order Date: 15.02.2023.

Today is fixed passing order in respect of M.A. Case being No. 50/2019.

Complainant files hazira through the Ld. Advocate. OP-Bank also files hazira through the Ld. Advocate.

The record is taken up for passing order in respect of M. A. case being No. 50/2019.

On 1706.2019, the OP No.1 has filed a petition supported by an affidavit, praying for dismissing the complaint with exemplary cost on the grounds that the complainant has no cause of action to file this complaint and the case is not maintainable and barred by limitation and the OP No.1 specifically submitted that the fixed deposit account vide No.34893068753 amounting to Rs. 56,723/- was pre-closed on 27.10.2016 with the consent of the complainant and the said matter is clearly evident from the statement of accounts of the complainant which is clearly reflected in the statement of accounts filed by the complainant, marked  as Annexure -3. In the said statement of account, it is clearly reflected that the complainant is well-known about the pre-closure of the fixed deposit account Vide No. 34893068753 amounting to Rs. 56,723 because from the said amount, the complainant withdrew Rs.6, 000/- by a Cheque vide No. 519629 on 27.10.2016 and transferred Rs.50, 000/- to the account vide No. 36212042570 on 27.10.2016 by a cheque vide No. 519628. So, from the aforesaid statement, it is clearly proved that the cause of action was on 27.10.2016 and this case has been filed on 16.02.2019. So, the case is not maintainable and barred by limitation.

The complainant did not file any W/O against the said petition.  But after receiving the copy, he raised strong objection.

Perused the case record including the complaint, W/V, Xerox copies of documents and record of this M.A. case.

It appears that the case has been filed on 25.02.2019 and not on 16.02.2019.  It also appears that the complainant received Rs.56, 723/- on 27.10.2016 which was deposited in an account No. 34893068753 on 27.10.2016 i.e. on pre-matured stage and it is admitted that he has also withdrawn Rs.6,000/- from the matured amount and the remaining amount of Rs.50,000/- again deposited in fixed deposit account No. 36212042570 which was commenced on 27.10.2017 and the maturity date of the same was on 27.04.2018 . Therefore, the last cause of action was arisen on 27.04.2018, as the OP Bank admitted it. But till the date of filing of the case, it was not re-validated. Therefore, the limitation period was running from 27.04.2018, not from 27.10.2016.

Accordingly, this case is not barred by limitation as the case was filed on 25.02.2019 i.e., within the prescribed period of limitation. That apart, the evidence regarding the case of both sides is very essential.

Under the above facts and circumstances, the prayer of the OP No.1 is hereby rejected on contest.

Hence,   it is

                                         ORDERED

that the M.A. Case being No. 50/2019 be and the same is disposed of in view of the above made findings.

Let the case being No. CC/35/2019 be fixed for filing evidence-on-affidavit from the side of the complainant.

Let a copy of this order be supplied to the parties on free of cost. 

     Dictated & corrected by me.

                      President

     D.C.D.R.C , Purba Bardhaman.

      Member                                        Member                                                                 President

D.C.D.R.C., Purba Bardhaman          D.C.D.R.C., Purba Bardhaman                D.C.D.R.C., Purba Bardhaman