State Consumer Disputes Redressal Commission
State Bank Of India vs Gulshan Kumar Huf R/O Manjit Nagar on 10 October, 2011
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB,
DAKSHIN MARG, SECTOR 37-A, CHANDIGARH.
First Appeal No.726 of 2009
Date of institution : 26.5.2009
Date of decision : 10.10.2011
State Bank of India, Main Branch, Civil Lines, Jalandhar through its Chief
Manager.
.......Appellants
Versus
1. Gulshan Kumar HUF r/o Manjit Nagar, Basti Sheikh, Jalandhar through
Smt. Kavita Julka w/o Shri Gulshan Kumar Karta.
.......Respondent
2. National Savings Organization, Ministry of Finance, Government of
India, CGO Complex, Seminary Hills, Nagpur.
......Proforma Respondents
First Appeal against the order dated 8.4.2009 of
the District Consumer Disputes Redressal Forum,
Jalandhar.
Before :-
Hon'ble Mr. Justice S.N. Aggarwal President.
Mrs. Amarpreet Sharma, Member.
Present :-
For the appellants : Shri Ashok Gupta, Advocate. For respondent No.1 : Shri Arun Walia, Advocate. For respondent No.2 : Shri M.S. Cheema, Advocate. JUSTICE S.N. AGGARWAL, PRESIDENT:
This order will dispose of two appeals, namely, First Appeal No.726 of 2009 (State Bank of India v. Gulshan Kumar and another) and First Appeal No. 780 of 2009 (National Savings Institute v. Gulshan Kumar and another) as the parties in both these appeals are the same and both these appeals are directed against the same order dated 8.4.2009 passed by District Consumer Disputes Redressal Forum, Jalandhar (in short "District Forum"). The facts are taken First Appeal No.726 of 2009. 2 from First Appeal No.726 of 2009 and the parties would be referred by their status in this appeal.
2. Gulshan Kumar respondent had filed a complaint against the appellants and respondent No.2 (appellants in First Appeal No.780 of 2009) for the maturity amount along with interest at the rate of 12% per annum. Compensation and costs were also prayed.
3. The case was contested by the appellants and respondent No.2.
4. The complaint was accepted by the learned District Forum with costs of Rs.4,000/- vide impugned order dated 8.4.2009 and the following operative order was passed:-
" In the light of the above discussion, we are of the opinion that complainants are entitled to the simple interest @ 8% on the deposited amount lying with the OPs from the date of its maturity till its realization. Complainant is also entitled to Rs.4,000/- as compensation and costs of litigation payable within one month from receipt of copy of this order. Copies of the order be sent to the parties free of costs under rules. File be consigned to record room."
5. Hence this appeal was filed by the appellant Bank while First Appeal No.780 of 2009 was filed by respondent No.2.
6. The submission of the learned counsel for the appellants was that the interest amount has been paid by the appellants and respondent No.2 in terms of the order of the learned District Forum dated 8.4.2009. It was also submitted that the costs of Rs.4,000/- imposed by the learned District Forum be set aside.
7. On the other hand, the submission of the learned counsel for respondent No.1 was that since the appellants had caused delay in making the payment and First Appeal No.726 of 2009. 3 respondent No.1 had to resort to the remedy of litigation. Therefore the costs be maintained and the appeal be dismissed.
8. Record has been perused. Submissions have been considered.
9. The appellants are the nationalized bank and the appellant bank is dealing with the public money. Since the appellants have complied with the order of the District Forum immediately relating to the payment of interest amount, therefore, the amount of compensation/costs is reduced from Rs.4,000/- to Rs.2,000/- to be paid by the appellants and respondent No.2 equally.
10. Accordingly this appeal is partly accepted and the impugned order dated 8.4.2009 passed by the District Forum is modified to the extent stated above.
11. The appellants had deposited an amount of Rs.25,000/- with this Commission at the time of filing of the appeal on 26.5.2009. Out of this amount of Rs.25,000/-, a sum of Rs.1,000/- be remitted to respondent No.1 and the remaining amount of Rs.24,000/- along with interest on the amount of Rs.25,000/-, if any, be remitted to the appellants by way of crossed cheques/demand drafts immediately.
First Appeal No.780 of 2009:
12. For the reasons recorded above, this appeal is also partly accepted and the impugned order dated 8.4.2009 is modified to the aforesaid extent.
13. The appellants (respondent No.2 in FA No.726 of 2009) had deposited an amount of Rs.25,000/- with this Commission at the time of filing of the appeal on 8.6.2009. Out of this amount of Rs.25,000/-, a sum of Rs.1,000/- be remitted to respondent No.1 and the remaining amount of Rs.24,000/- along with interest on the amount of Rs.25,000/-, if any, be remitted to the appellants (respondent No.2 in FA No.726 of 2009) by way of crossed cheques/demand drafts immediately.
14. The arguments in these cases were heard on 5.10.2011 and the orders were reserved. Now, the order be communicated to the parties. First Appeal No.726 of 2009. 4
15. The appeals could not be decided within the statutory period due to heavy pendency of court cases.
(JUSTICE S.N. AGGARWAL) PRESIDENT (MRS. AMARPREET SHARMA) MEMBER October 10 , 2011 Bansal