The consumer case was filed by the complainant before Consumer Redressal Forum, Purba medinipur. The facts of the case are that the opposite party by the name Sunil kumar Maity have a saving account since January 2000. The above-mentioned account number was changed in 2010. The complainant went to deposit 500 rupees in the bank then he got to know about the changed account number. He submitted his amount in the told account number. Later on 16.01.2013, he went bank with the cheque of 3,00,000 drawn on SBI given by Prabir Pradhan.

On 11.12.2013 the complainant went to update his passbook and noticed that the account is showing a balance of 59 rupees only. Despite he had not made any transaction in between. Therefore on the enquiry by the bank the complainant was informed by the bank that there is a customer of the same name in his bank and by mistake, his account number had been given to him. Thus the person withdrew the amount from the said account number.

The complaint sent letters against bank and sunil maity and filed a complaint against consumer forum against both of them. When the complaint allowed by the consumer forum, the appeal was filed by the bank SBI before SCDRC. The SCDRC uphold the order of consumer forum and after that the bank filed a revision petition before the NCDRC. NCDRC dismissed the complaint with liberty to approach civil court.

Against this the present appeal filed by the complainant before the apex court. the court observed the observation made by the NCDRC which states that the complainant can file the civil suit, he can file an application under section 5 of limitation act and SBI said it will not the issue of limitation.

The court after setting aside the judgment made by NCDRC said that section 5 of the limitation act is not applicable to suit. Its only apply on appeal and application.

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