Sri Shyamal Gupta, Member

Aggrieved over dismissal of his complaint case by the Ld. District Forum, this Appeal is moved by the Complainant, Sri Ajay Kumar Chakrabarti.

Facts, as narrated in the petition of complaint, in short, are that owing to his old age, the Complainant forgot to collect renewed certificates from the OP Bank in respect of some deposits being made by him.  When he discovered such fact, he met the Branch Manager with a request to do the needful, but to no effect.  Accordingly, he filed the complaint case.

Heard both sides and perused the documents on record.

It appears that the Ld. District Forum dismissed the complaint case on limitation ground.  It is a fact that the cause of action firstly arose on 06-03-2009, when the Appellant deposited the concerned certificates to the Respondent Bank.  Looking from this aspect, no doubt, the complaint case was indeed filed at a belated stage.

At the same time, we cannot be oblivious of the fact that this beneficial legislation has been enacted for the protection of interests of bona fide consumers.  Therefore, rigidity cannot be the norm here; but the other way round.  Only then the true spirit beside enactment of this Act can be achieved.

It appears that the Appellant is holding requisite receipt towards surrender of 3 nos. MMDC certificates at the Respondent Bank.  Given that, Bank invariably takes back the original receipt from the depositor at the time of delivery of the renewed certificates and further that the veracity of Appellant’s grievance can very well be ascertained from the bank records of the concerned period, prima facie we find no good reason to disbelieve the contention of the Appellant at its face value.

While the Appellant attributed the delay to his advanced age, in the interests of natural justice, we deem it appropriate to accord due opportunity to the Appellant to prove his case.  Thus, we are inclined to condone the inordinate delay in filing the complaint case.  However, we make it clear that it would be incumbent on the part of the Appellant to produce the original receipt before the Ld. District Forum together with photocopies of concerned deposit certificates to proceed further in the matter.

The Appeal, accordingly, succeeds in part.

Hence,

O R D E R E D

The Appeal stands allowed on contest against the Respondent in part.  The impugned order is hereby set aside.  Parties to appear before the Ld. District Forum on 11.01.2019 for adjudication of the matter on merit.