BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Om Parkash Uda son of Sh. Chet Ram Residence of H.No.121, Jaggi Garden Phase 1, Ambala City

……. Complainant

VERSUS

1. The Manager, IDBI Bank Limited, SCO No.55-57, Sector-8, Chandigarh.
2. The Manager, IDBI Bank Limited, Ambala City.
3. The Manager, Kfin Technoligies, Private Limited Unit IDBI Bonds Department, Selenium Tower-B, Plot.31-32, Financial District, Nanakramgudu, Gachi Bowli, Hyderabad, 500032.

….…. Opposite Parties

Before:        Smt. Neena Sandhu, President.

                             Smt. Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

Present:       Complainant in person.

Order:        Smt. Neena Sandhu, President.

1.                This complaint has been filed by complainant, under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To make payment of bond amount of Rs.5000/- alongwith interest @9% per annum with effect from 1 May 2007 till the realization
2. To pay Rs.50,000/- as compensation to the complainant on account of harassment, unfair trade practice and deficiency in service.
3. To pay Rs.10,000/- as litigation expenses to the complainant.

2.           Brief facts of the case are that the complainant had purchased three yearly Bond No-211FB24975 worth Rs.5000/- from the IDBI Bank Limited, Chandigarh on 21-04-2004 for tax saving purposes. The departmental salary of the complainant along with other staff was drawn from the IDBI Bank Limited, Chandigarh during the year 2002-2004. Since the account of the complainant in the IDBI Bank was a zero balance account only for salary, as such, the bank had not issued passbook. Later on, the departmental salary was drawn from SBI, Chandigarh in December, 2004. The said bond matured on 20-04-2007, but the same had been misplaced in the house of the complainant, as a result of which, he could not get it matured. The said bond was ultimately found during the sanitation of house in August, 2021. Thereafter, the complainant contacted the IDBI Bank Limited, Chandigarh and its officer/official after checking the account inform that payment of bond has not been made so far and advised him to write to bank's office at Hyderabad being a controlling office for which Form-'H' was also provided to him. Thereafter complainant contacted the IDBI Bank Ambala City and its official/officer, after checking his account told him that payment has not been paid. The said official/officer talked to the senior officer, Hyderabad on his mobile and told him that his account had already been closed in June 2006. Thereafter, the complainant sent mail on 10-12-2021 to OP No.3. In response to the said email, OP No.3 sent mail dated 20-12-2021, informing the complainant that payment has been made vide Cheque No -289721, dated 20-04-2007 amounting Rs.5275/- "No further payment are due and your account during the period be reconcile".  However, on the other hand, the complainant had checked all his accounts and found that no such payment has been made to him. Thereafter, again emails were exchanged between the parties in the matter but to no avail.  The complainant also approached various channels like RBI, Banking Ombudsman, Consumer Education and Protection Cell (CEPC) RBI to get back his money aforesaid but all in vain.  The OPs have failed to  pay the maturity amount of the said bond to the complainant and as such it is a case of deficiency in service on the part of the OPs. Hence this complaint.
3.           We have heard the complainant and have also gone through the record of the case.
4.           Complainant has submitted that he purchased the bond in question on 21.04.2004, which got matured on 20.04.2007. The said bond got misplaced and the same were traced in August, 2021 and thereafter, complainant contacted the OPs for getting the maturity amount of the said bond but they refused to pay the maturity amount.   
5.            The moot question which falls for consideration in this complaint is as to whether it is within limitation or not? Perusal of record reveals that it was for the first time on  28.05.2004, that the complainant had purchased the said bond bearing BSE Code No.961021 (attached with this complaint), from the OPs. It is also coming out from the said bond that in case it is to be encashed after three years i.e 20.07.2007 then the complainant was entitled to get the maturity amount of Rs.5,000/-. It is further coming out from the said bond that in case it is to be got encashed after 5 years i.e. 20.04.2009, the complainant was entitled to get maturity amount of Rs.6,580/-. However, there is nothing on record that the said bond was extendable after 20.04.2009. It is the own case of the complainant that he could not encash the said bond on the maturity date i.e. 20.04.2007 on account of the reason that the same had been misplaced in his house, which was ultimately found during the sanitation of house in August, 2021 and thereafter only he pursued his matter but the OPs did not pay the maturity amount. Thus, from the sequence of events narrated above, it can easily be said that the cause of action if any had arisen in favour of the complainant i.e on 19.04.2011, (two years from the date of final maturity, 20.04.2009).

It may be stated here that the mere fact that the complainant sent emails of the OPs starting from 07.08.2021 onwards or that thereafter he approached various channels like RBI, Banking Ombudsman, Consumer Education and Protection Cell (CEPC) RBI to get his money will not extend the period of limitation, which expired  on 19.04.2011. Our this view finds full support from the judgment of the Hon’ble Supreme Court titled as Geo Miller & Co. (P) Ltd. v. Rajasthan Vidyut Utpadan Nigam Ltd [(2020) 14 SCC 643] wherein it was held that mere correspondence by way of writing letters/reminders subsequent would not extend the period of limitation.

6.           It is therefore held that since the complainant has failed to file this complaint within the period of limitation of 2 years i.e. latest by 19.04.2011 as explained above, now this complaint having been filed in 01.02.2023 is highly barred by limitation.  Because it has been held above that this complaint is barred by limitation, as such, in our considered opinion, even then if we proceed further on merits of this case, it would be nothing but commission of an illegality on the part of this Commission. Our this view is supported by the ratio of law laid down by the Hon’ble Supreme Court in the case of State Bank Of India vs M/s. B.S. Agricultural Industries (I), CIVIL APPEAL NO. 2067 of 2002, decided 20 March, 2009,   wherein it was held as under:-           
   • If the complaint is barred by time and yet, the consumer forum decides the complaint on merits, the forum would be committing an illegality and, therefore, the aggrieved party would be entitled to have such order set aside……”

7.           In view of the aforesaid discussion, the complaint filed by the complainant is dismissed in limine being barred by limitation.  Certified copy of this order be supplied to the complainant, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.                   

Announced:- 06.03.2023.