Haryana

Karnal

CC/78/2022

Bhagat Singh - Complainant(s)

Versus

The Manager, Canara Bank - Opp.Party(s)

Ravinder Rathore

15 Feb 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                          Complaint No. 78 of 2022

                                                          Date of instt.14.02.2022

                                                          Date of Decision 15.02.2022

 

Bhagat Singh son of Shri Nand Singh, resident of village Garhi Khajur, Prem Nagar, P.O. Chaura, Tehsil Gharaunda, District Karnal.

 

                                                 …….Complainant.

                                              Versus

 

The Manager, Canara Bank, village Barsat, Tehsil Gharaunda, District Karnal.

                                                                        …..Opposite Party.

 

      Complaint u/s 35 of the Consumer Protection Act, 2019

 

Before   Sh. Jaswant Singh……President.       

      Sh.Vineet Kaushik ………..Member

 

 Present: Sh. Ravinder Rathore, counsel for complainant.

                                        

                (Jaswant Singh President)

ORDER:                    

 

                Complaint presented today. It be checked and registered.

 

                        This complaint has been filed by the complainant u/s 35 of the Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as ‘OP’) on the averments that complainant is having a saving bank account no.3021 with OP and on 20.02.2006 complainant deposited a sum of Rs.10,000/- in cash with OP by way of pay in slip and the counter slip was issued by the OP and same bear the seal and signature of the official of OP. Hence, it is duly proved that complainant had deposited Rs.10,000/- with OP. Complainant felt no necessity to withdraw the amount and the said amount was lying deposited with OP. The complainant did not withdraw the amount for a long period and saved the said amount to meet his necessity in old age. On 17.09.2020, complainant went to OP and a new pass book was issued by OP and on perusal of the entries made in the pass book, the complainant was shocked to know that the entry of Rs.10,000/- is found missing and said amount has not been credited in the account of complainant. OP made entries in the passbook w.e.f.01.06.2009 to 04.12.2021 but OP did not give statement of account to complainant w.e.f.20.02.2006 to 30.05.2009, it creates a doubt on the intention of OP. Thereafter, complainant visited the OP several times and requested to make the entry of Rs.10,000/- in the passbook of the complainant or to pay the amount in cash with upto date interest, but OP did not pay any heed to the request of complainant and on 07.12.2021 the officials of OP misbehaved with the complainant. In this way there was deficiency in service on the part of the OP. Hence complainant filed the present complaint.

2.             Arguments on the point of admissibility heard. Record perused.

3.             A careful perusal of the file reveals that the complainant alleged that he had deposited Rs.10,000/- with the OP on 20.02.2006 and complainant filed the present complaint on 14.02.2022 after the gap of approximately sixteen years.

4.             Now the question for consideration before us is that whether the present complaint is well within period of limitation or not?

5.             Limitation for filing a complaint has been described under Section 69 of Consumer Protection Act, 2019 which is reproduced as under:-

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.

6.             As per aforesaid Section of Consumer Protection Act, the limitation for filing a complaint is two years from the date on which the cause of action has arisen. In the present complaint, complainant had alleged that he had deposited an amount of Rs.10,000/- with the OP, on 20.02.2006. In this regard, we are of the considered view that, it is not possible that complainant has not been operating his account since 2006. During the period from the year 2006 to 2020 there was no correspondence between the parties. It seems that complainant went to the OP in the year 2020 just to create the period of limitation to file the present complaint. Moreover, there is no separate application, on the file to condone the delay or has not made prayer for condonation in the prayer para of the complaint and no sufficient cause has been shown by the complainant for not filing the complaint within limitation period The cause of action has arisen in the year 2006 but he has filed the present complaint in the year 2022 i.e. after the gap of sixteen years. Hence, as per the provision of Section 69 of Consumer Protection Act, 2019 the present complaint is hopelessly time barred and the same is liable to be dismissed

7.             Thus, in view of the above, the present complaint is dismissed being barred by limitation. Party concerned be communicated of the order accordingly and file be consigned to the record room.

Announced
Dated: 15.02.2022

    President,     

District Consumer Disputes  

Redressal Commission, Karnal.

                      (Vineet Kaushik)                      

                          Member