Azibur Rehman v/s State Bank of India
03.02.2023 CC/358/22
- Vide this order we shall decide the application filed by the complaint to condone the delay of 108 days in filing the present complaint in this Commission.
- In his application, the complainant states that the delay in filing this instant complaint occurred due to the Covid-19 Pandemic due to which he could not prepare the complaint with his counsel. Further, the documents were with a manger of the Bank who was transferred and hence it further took more time for the 2 managers to understand his case. The complainant has also cited the suo-moto writ petition dated 10.01.2022 by the Hon’ble State Commission wherein the period from 15.03.2020 to 28.02.2022 has be excluded while computing limitation and a further period of 90 days granted in filling any proceedings as per his statement in his application. Hence, the last date of filing this complaint would be 29.05.2022.
- We have heard the Ld. Counsel of the complainant and find that the present complaint was registered on 14.09.2022 in the Commission. Briefly stated, the facts of the present complaint are that the complainant obtained an ATM card from the proposed OP Bank (Annexure A-1). On 27.10.2019 an amount of Rs.10,000/- and Rs.5,000/- was withdrawn from his account followed by more transactions to the tune of Rs.95,000/-. The complainant immediately lodged a complaint dated 27.10.2019 with the SHO after blocking his ATM Card.
- Hence, the cause of action in the present complaint accrued on 27.10.2019 when the fraudulent transactions took place and the complainant lodged the complaint after blocking his ATM Card. Consequently, the limitation elapsed in 26.10.2020.
- Undoubtedly, the Hon’ble Apex Court in the Suo Moto Writ Petition (Civil) No.3/2020 order dated 14.07.2021 in RE: "Cognizance for Extension of Limitation" limitation period from 15.03.2020 till further order shall stand excluded.
As per para 2 (1) & 2(2) Judgment:
“2(1). In computing the period of Limitation for any suit, appeal, application or proceedings the period from 15.03.2020 till 14.03.2021 shall stand excluded. Consequently, the balance period of Limitation remaining as on 15.03.2020, if any, shall become available with
effect from 15.03.2021."
“2(2). In case where the Limitation would have expired during the period between 15.02.2020 till 14.03.2021, notwithstanding the actual balance period of Limitation remaining, all persons shall have a limitation period of 90 days from 15.03.2021, in the event the actual balance period of 90 days from 15.03.2021. In the event the effect from 15.03.2021, is greater than 90 days, that longer period shall apply. The limitation of extension is ending in May, 2022. However, the complainant only came before us on 14.09.2022 i.e.v after 3½ months after the expiry of his limitation.
- In his application the complainant has not given any cogent reason as to why he delayed filing this complaint despite the Hon’ble Supreme Court having granted extension to the limitation. Further, May 2022, the courts were on physical mode and fully functional. Hence, we cannot accept his contention that there was any delay due to lock down.
- The complainant has given the reason for the delay as lack of documents without filing any proof of the same in the form of letters, e-mails or whatsapp messages asking the transferred manager to give him the information he desired. Nor has he specified what documents were they allegedly keeping from him.
- Section 69 is very clear on limitation to file any complaint in the DCDRC as given below:
Section 69. Limitation period
(1) The District Commission, 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.
(2) Notwithstanding anything contained in sub-section (1), a complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Commission, 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 District Commission or the State Commission or the National Commission, as the case may be, records its reasons for condoning such delay.
- In light of the discussion above, we feel constrained to dismiss the instant complaint for want of cogent reason for the delay on filing the complaint; therefore, we dismiss this complaint without cost as it is time barred with the liberty to file the same in the Competent Forum.
Copy of the order be given as dasti.
File be consigned to record room thereafter.
