STATE BANK OF INDIA Vs. NARAYAN DAS MISHRA

JUDGEMENT

(1.) This is an appeal filed by opposite party against order dated 28.8.1995 passed by Consumer Disputes Redressal Forum, Chhatarpur in their Case No.30/94 wherein the Forum has directed the opposite party to pay to the complainant amounts of Rs.1,03,230/- and 68,820/- being the maturity values of two TDRs alongwith interest at the rate of 18 from the date of maturity and Rs.2,000/- as compensation and Rs.200/- as Advocate's fee.

(2.) Heard the arguments of both the parties and perused the records of the case. The arguments of the appellants are as under: (1) That the TDRs matured on 20.5.1991 and 27.5.1991 and the complaint was filed on 25.5.1994 i. e. after more that two years and therefore the complaint was liable to be dismissed on the. ground of limitation according to the amended provisions of Act. (ii) That since two civil suits inter alia in regard to recovery of money wrongly received and converted into TDRs by respondent No.1 are pending Civil Courts at Chhatarpur, hence the Forum has no jurisdiction to entertain this complaint. (iii) That the appellant Bank has statutory right in nature of lien to adjust proceeds of credit balance of TDRs against advance taken by respondent No.1 towards the Court fees etc.

(3.) So far as the question of limitation is concerned, the Hon'ble National Commission has held in 1991 CPR P.419 that when the cause of action arose before coming into force of the. Amendment Act 50 of 1993 inserting Sec.24-A in Consumer Protection Act, regarding limitation, the general law of limitation of 3 years will apply. In the instant case, cause of action arose on 26.5.1991 and the Amendment Act 50 of 1993 itself came into force more than two years later on 18.6.1993. As such in this case according to general law of limitation, the complaint should have been filed within three years and complaint having been filed on 25.5.1994 was within limitation.