M O H LEATHERS REPRESENTED BY ITS MANAGING PARTNER ZEENATH IQBAL Vs. UNITED COMMERCIAL BANK REPRESENTED BY ITS CHIEF MANAGER

JUDGEMENT

(1.) Alleging deficiency in service on the part of the opposite party, the complainant has filed this complaint for recovery of a sum in Indian Rupees equivalent to 1,85,200 DM (German Currency) alongwith interest @ 21% p.a. on the said amount from August 1988 till payment of the amount besides a sum of Rs.1,00,000/- towards the expenses incurred by the complainant.

(2.) This case has a somewhat chequered history. From the record of the case, it is noticed that complaint was originally filed by the complainant in person sometime in March 1993 making the allegation of deficiency in service and claiming the above noted reliefs. The said complaint came up for preliminary consideration before the Commission first time on 07.09.1994 when it adjourned the consideration of the complaint to 21.10.94 when Commission directed the complainant to file proper complaint petition and adjourned the matter sine-die. It would appear that pursuant to the said order, the complainant filed a comprehensive complaint in the year 1995 which came up for consideration of the Commission on 30.05.1996. Since the complainant was not present or represented through his advocate when the complaint was taken up for hearing while the opposite party was duly represented, this Commission dismissed the complaint as barred by limitation by observing as under:

(3.) Aggrieved by the said order passed by this Commission, complainant preferred an appeal ( Civil Appeal No. 10990/96) which was decided by the Supreme Court vide order dated 9.9.1997 in the following manner: