West Bengal

Paschim Midnapore

CC/151/2012

Ashok Kumar Jana - Complainant(s)

Versus

The Chief Manager, State Bank of India - Opp.Party(s)

19 Sep 2012

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

 Complaint case No. 151/2012                                                                                         

 BEFORE : THE HON’BLE PRESIDENT :  Mr. K. S. Samajder.

                                                      MEMBER :  Mrs. Debi Sengupta.

                                                      MEMBER :  Mr. Kapat Chattopadhyay.                                 

   

                   Ashok Kumar Jana, S/o-Late Judhisthir Jana, Mohapatra Compound, Keranitola,

                   Midnapore Town, Dist-Paschim  Medinipur……...Complainant.

                                                              Vs.

             The Chief Manager, State Bank of India, Midnapore Branch,                                                                           

             Dist-Paschim Medinipur.………Op.

 

       Order No.03                                                                       Dated:-19/09/12                       

 

             Complainant files hazira. Today is fixed for hearing on the point of admission. Hd. the ld. Lawyer for the complainant. Perused the petition of complaint and the documents filed. Considered.

             In that present case, the  complainant has prayed for an order directing the Op to pay the maturity value two special term deposits. Those two term deposits were made on 19/2/1997 and 22/2/1997 and the maturity value of those term deposits were due on 19/5/1998 and 22/5/1998 respectively. According to the complainant he made claim of the maturity value to the Op but to no effect. The said claim appears to have been made on 10/07/12 when the complainant sent lawyer’s letter to the Op. The case as made out in the petition of complaint is that for the last few months, the complainant requested the Op to make payment of the maturity amount and thereafter, lawyer’s notice was sent. Therefore, it is clear from the petition of compliant itself that the complainant made claim after about 14 years from the date of maturity of the fixed deposits. The case should have been filed within two years from the date when the cause of action arose. In the present case, the amount became due in 1998. No case has been filed within two years. Therefore, the case appears to be hopelessly barred by limitation and hence it is not admitted. Thus, the case is disposed of accordingly.

                 

                       Sd/-                                            Sd/-                                                     Sd/-

                   Member                                     Member                                              President      

                                                                                                                             District Forum

                                                                                                                          Paschim Medinipur.