Haryana

Ambala

EA/68/2022

Gurcharn Singh - Complainant(s)

Versus

Allahabad Bank - Opp.Party(s)

Raj Deep Singh

07 Feb 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

 

                                                          Execution  No.     :            68 of 2022.

                                                          In Complaint Case No.      275 of 2019.

                                                          Date of Institution :            14.07.2022.

                                                          Date of decision    :            07.02.2023.

 

1.       Gurcharan Singh son of Gurdev Singh, R/o Village Majri, H.B.No.184,     Tehsil and District Ambala.

2.       Simranjeet Singh son of Late Shri Karnail Singh, R/o Village Majri, Tehsil and District Ambala.

3.       Gurleen Singh son of Late Karnail Singh, R/through his mother Smt. Baljit Kaur, GPA, R/o Village Majri, Tehsil and District Ambala.

 

                                                                   ……. DHs/Complainants.

                                                Versus

1.       Indian Bank, Village Shahpur, Tehsil Ambala Cantt, District Ambala through its Manager.

2.       Shri Bhuneshwar Dwivedi, Branch Manager, General Insurance Company, State Bank of India through its Regional Manager, Chandigarh.

3.       Deputy Director Agriculture & Farmer Welfare Department, Krishi Kinder, Ambala City.

 

                                                                   ….…. Judgment Debtors/OPs.

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member.

                   Shri Vinod Kumar Sharma, Member.

                            

Present:       Shri Raj Deep Singh, Advocate, counsel for DHs/complainants.    

                        Shri R.K.Vig, Advocate, counsel for the JD/OP No.2.

 

Execution Application Under Section 72 of Consumer Protection Act,2019.

 

Order by : Smt. Neena Sandhu, President.

 

                   Today, the case was fixed for furnishing adequate security by the DHs/complainants.

                   DHs/complainants Gurcharan Singh, Simranjeet Singh and Smt. Baljeet Kaur GPA of Gurleen Singh appeared and furnished their indemnity bonds/security bonds. Their sureties namely Shri Harnaik Singh son of Shri Mohinder Singh, Shri Karam Singh of Shri Jaswant Singh and Shri Mohinder Singh son of Shri Amar Singh also furnished their surety bonds duly supported by their separate affidavits, copies of Jamabandis of land owned by sureties and other documents, for the release of the amount of Rs.81,850/- each deposited by the JD/OP No.2, in this Commission, in compliance of the order dated 19.12.2022, passed by the Hon’ble State Consumer Commission, Haryana, in the case of SBI Company Limited Vs. Gurcharan Singh and others. Indemnity/security bonds and surety bonds are accepted and attested. Assistant of this Commission is directed to release the above said amount of Rs.2,45552/- in favour of all the three complainants in equal shares,  as ordered by the Hon’ble State Consumer Commission, Haryana, Panchkula, by way of account payee cheque, against proper receipt and identification. Photocopies of the account payee cheques be also placed on record. 

                   Surety Harnaik Singh, suffered his separate statement to the effect that he stand surety on behalf of DH/complainant Gurcharan Singh. If the order of this Commission, is reversed/ set aside by the Hon’ble State Consumer Commission, Haryana and Gurcharan Singh (DH/complainant) will be directed to pay the amount of Rs.81,850/-, along with interest, if any, and if he fails to pay the same, in that eventuality, he will be liable to pay the same. He placed on record copy of jamabandi of the property belonging to him being security. He further undertakes that his property is free from all encumbrances.

                   DH/complainant No.1, Gurcharan Singh also suffered his separate statement to the effect that he has received a cheque bearing No.661253, dated 07.02.2023, amounting to Rs.81,850/- from this Commission as per the order passed by Hon’ble State Consumer Commission, Haryana. If the order of this Commission, is reversed/set aside by the Hon’ble State Consumer Commission, Haryana and if, he would be directed to pay the aforesaid amount along with interest, if any, in that eventuality he shall be bound to pay the same. Further, if he fails to pay the due amount, in that eventuality, the aforesaid amount will be recovered from his surety’s property. He withdraws the present execution application.

                   Surety Karam Singh, suffered his separate statement to the effect that he stand surety on behalf of DH/complainant Simranjeet Singh. If the order of this Commission, is reversed/ set aside by the Hon’ble State Consumer Commission, Haryana and Simranjeet Singh (DH/complainant) will be directed to pay the amount of Rs.81,850/-, along with interest, if any, and if he fails to pay the same, in that eventuality, he will be liable to pay the same. He placed on record copy of jamabandi of the property belonging to him being security. He further undertakes that his property is free from all encumbrances.

                   DH/complainant No.2, Simranjeet Singh also suffered his separate statement to the effect that he has received a cheque bearing No.661250, dated 07.02.2023, amounting to Rs.81,850/- from this Commission as per the order passed by Hon’ble State Consumer Commission, Haryana. If the order of this Commission, is reversed/set aside by the Hon’ble State Commission and if, he would be directed to pay the aforesaid amount along with interest, if any, in that eventuality he shall be bound to pay the same. Further, if he fails to pay the due amount, in that eventuality, the aforesaid amount will be recovered from his surety’s property. He withdraws the present execution application.

                   Surety Mohinder Singh, suffered his separate statement to the effect that he stand surety on behalf of Smt. Baljeet Kaur, GPA of Gurleen Singh. If the order of this Commission, is reversed/set aside by the Hon’ble State Consumer Commission, Haryana and Smt. Baljeet Kaur, GPA of Gurleen Singh will be directed to pay the amount of Rs.81,850/-, along with interest, if any, and if he fails to pay the same, in that eventuality, he will be liable to pay the same. He placed on record copy of jamabandi of the property belonging to him being security. He further undertakes that his property is free from all encumbrances.

                   Smt. Baljeet Kaur, GPA of Gurleen Singh also suffered a statement which is recorded separately, to the effect that she has received a cheque bearing No 661251, dated 07.02.2023, amounting to Rs.81,850/- from this Commission as per the order passed by Hon’ble State Consumer Commission, Haryana. If the order of this Commission, is reversed/set aside by the Hon’ble State Consumer Commission, Haryana and if, she would be directed to pay the aforesaid amount along with interest, if any, in that eventuality she shall be bound to pay the same. Further, if she fails to pay the due amount, in that eventuality, the aforesaid amount will be recovered from her surety’s property. She being the GPA of Shri Gurleen Singh, withdraws the present execution application on behalf of the DH/complainant No.3.

                   Assistant of this Commission is also directed to send intimation of this order to the concerned Tehsildar with the direction to incorporate the entry of the property submitted by the sureties of DHs/complainants in the revenue record. Photocopies of jamabandis be also sent alongwith this order to the concerned Tehsildar.

                   In view of the above-said statements, the present execution application is hereby dismissed as withdrawn. Certified copy of this order be supplied to the parties concerned, free of costs, as per rules. File be indexed and consigned to record room, after due compliance.

Announced on: 07.02.2023.

 

Member                          Member                          President

                                                                    DCDRC, Ambala