Belgique Fashions Vs.
Indian Overseas Bank  INSC 87 (19 January 2009)
JURISDICTION CIVIL APPEAL NO.1111 OF 2007 Belgique Fashions ...Appellant(s)
Versus Indian Overseas Bank ...Respondent(s) O R D E R Heard learned counsel
for the parties.
By the impugned
order, the National Consumer Disputes Redressal Commission [for short,
"the National Commission"] summarily dismissed the complaint filed by
the appellant on the ground that the same was barred by limitation.
National Commission dismissed the complaint without even issuing notice to the
respondent. Upon a perusal of a complaint, it cannot be said that the complaint
was barred by the limitation, per se. Therefore, the National Commission was
not justified in summarily dismissing the complaint on that ground and that too
without taking note of the fact that the appellant had also filed a petition
for condonation of delay. This being the position, the impugned order is liable
to be set aside.
appeal is allowed, impugned order is set aside and the matter is remitted to
the National Commission. Now, the National Commission shall first issue notice
to the respondent in the matter of limitation and pass ....2/- -2- appropriate
order after giving opportunity of hearing the parties on the question of
limitation. If that question is decided in favour of the appellant, then the
National Commission shall decide the matter on merit.