IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE 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.  

Undisputedly,  the 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.

Accordingly,  the 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.

     ......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, January 19, 2009.