Hon’ble Mr. Ajeya Matilal, Presiding Member

          The appellant challenges legality of the order no. 2 dt. 27.12.2021 passed by Ld. DCDRF, Unit-III, Alipore refusing to admit complaint CC/589/2021 on the ground that the same was barred by limitation.

          Heard the Ld. Advocate for the appellant and the respondent. Considered.

          Fact of the case in short is like that appellant/complainant purchased 10 nos of National saving certificates amounting to Rs. 10,000 each totalling Rs. 1 lakh from the respondent no. 1 post office in the year 2005. The aforesaid certificates were schedule to be matured in the year 2011.

          The appellant was unable to avail of the maturity benefit of the aforesaid certificates because he was staying away from Kolkata at that point of time when he tried to make an access to his certificates online he was surprised to see that the certificates did not exist there. The complainant visited the OP no. 2 being the post master Baruipur HPO and made some queries but his queries were not entertained.

          The Ld. Advocate for the respondent submits that at that point of time everything was done manually. So, the fate of the aforesaid certificates were not reflected online.

          The Ld. Forum below observed that NSCs matured in March 2011 and the complaint has been filed on 29.11.2021 which was beyond the period of two years from the date on which the cause of action arose. The forum below also observed that mere exchange of letter did not extend the period of limitation.

          Our attention was drawn to annexure D page 39 of the appeal wherefrom it appears that A.D.P.O (SB), Kolkata GPO wherein the said officer communicated to P. Mohanti, the Ld. Advocate for the appellant, and in that communications the complainant through his advocate was requested to contact the post master Baruipur HO. Kolkata 700144. It is  a letter dt. 13.08.2021.

          The Ld. Advocate for the appellant also drew my attention to para 8 of his BNA wherefrom it appears “8. That presently department of post is ready to pay the 10 (ten) NSC certificate a/w post maturity interest (as per rules) as the all ten (10) certificate are already sanctioned by Superintendent of Post Office, South Presidency Division (Now Baruipur Division), Baruipur, Kolkata 70014 on 28.10.2021.”

          But we are of the view the Ld. Forum below erred to decide the matter with observation that the case was barred by limitation and the cause of action of the case should be counted from the letter under reference dt. 13.08.2021.

          Accordingly, the appeal being no. A/15/2022   is allowed on contest and disposed of.  Impugned order is set aside.

          The Ld. Commission below is directed to decide the matter on merit after admitting the same and giving an opportunity to the parties of being heard within a period of 3 months from the date of communications of this order without being influenced by any observation made by this commission.

          Parties are directed to appear before the Ld. Commission below within 10 days from this order.