Punjab National Bank vs Sunil Kumar Poddar on 21 January, 2008
11. The District Forum has relied upon the Sanction Letter dated
01.11.2007 as per which the amount to be debited to LHO was Rs.6,96,386/-
and the amount payable was Rs.6,58,960/- and the amount to be remitted
back to LHO, excess interest (reversible) was Rs.37,426/-. The said amount
was not deducted out of the total amount of EPF/GPF, but it was excess
interest already paid and there is no deficiency in service. The District Forum
has drawn the conclusion from the documents placed on record by the
appellant, but has not taken into consideration the Half Yearly Account
Statement for the year ending 31.03.2007. The District Forum ought not to
have dismissed the complaint in limine at the very initial stage and the parties
should be given a chance to lead evidence and the controversy should be
First Appeal No.1727 of 2009 5
decided once for all, on merits. As per the law laid down in the above quoted
authority i.e. Punjab National Bank Vs Sunil Kumar Poddar & Anr., the
appellant is consumer.