SANGAMESWARAN Vs. BRANCH MANAGER

JUDGEMENT

(1.) THIS appeal has been filed by appellant against order dated 25.6.2012 passed by State Commission in C.M.P. No. 180 of 2011 in C.C.S.R. 2169/2010 - Sangameswaran Vs. Branch Manager, City Union Bank Ltd. & Anr.; by which complaint was dismissed as barred by limitation and for commercial transaction.

(2.) BRIEF facts of the case are that complainant/appellant sent two consignments of 67 bales and 82 bales to buyers in foreign through opposite party No. 2/ respondent No. 2. Opposite party No. 1/ respondent No. 1 accepted documents for delivery of goods and encashment of value. Goods reached at the destination and complainant many times asked opposite party No. 1 to get the payment from linking bank of opposite party No. 1 but so far payment has not been received. Alleging deficiency on the part of opposite party, complainant filed complaint before State Commission. Opposite party resisted complaint on many grounds and submitted that complaint was filed after delay of 735 days and prayed for dismissal of complaint. Learned State Commission vide impugned order dismissed complaint as barred by 329 days and complaint was not maintainable before State Commission against which this appeal has been filed alongwith application for condonation of delay of 1065 days.

(3.) HEARD Learned Counsel for the appellant on application for condonation of delay.