STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UTTAR PRADESH, LUCKNOW.

APPEAL NO.25 OF 1995

(Against the judgment/order dated 12.12.1994 in Complaint Case No.01/1994 of the District Consumer Forum, Fatehpur.)

          The Chief Manager,

          Allahabad Bank (Main Branch),

          14, India Exchange Place, Calcutta.

   ...............Appellant

Vs

1. Arun Kumar Shukla,

House No.190, Mohalla Nayaganj

(Near Verma Chauraha),

Post Fatehpur,

Tehsil & District Fatehpur.

2. Smt. Shakuntala Shukla,

R/o 190 Mohalla Nayaganj

(Near Verma Chauraha),

Post Fatehpur,

Tehsil & District Fatehpur.

...............Respondents

     BEFORE:

     HON’BLE MR. JUSTICE AKHTAR HUSAIN KHAN, PRESIDENT

    HON’BLE SMT. BAL KUMARI, MEMBER

    For the Appellants              : Sri Deepak Mehrotra, Advocate.

    For the Respondent             : Sri R.K. Gupta, Advocate.

    Dated: 03.10.2016

JUDGMENT

MR. JUSTICE AKHTAR HUSAIN KHAN (ORAL)

This is an appeal filed under Section 15 of the Consumer Protection Act against judgment and order dated 12.12.1994 passed by District Consumer Forum, Fatehpur in Complaint Case No.01/1994 A.K. Shukla & another Vs Chief Manager, Allahabad Bank whereby District Consumer Forum has ordered OP to release securities to complainant after necessary formalities. The District Consumer Forum has further ordered OP to pay Rs.2,000.00 as compensation to complainant/respondent.

Learned Counsel Sri Deepak Mehrotra appeared for appellant whereas learned Counsel Sri R.K. Gupta appeared for respondent.-

We have heard learned Counsel for the parties.

-2-

It has been contended by learned Counsel for the appellant that the dispute raised by complainant/respondent is not a consumer dispute as such the impunged judgment and order passed by District Consumer Forum is without jurisdiction and against law.

Learned Counsel for respondent/complainant has opposed appeal. It has been contended by him that appeal has no force and is liable to be dismissed.

We have considered the submissions made by learned Counsel for the parties.

According to complaint the version of complainant/respondent is that his father was employee of appellant Allahabad Bank. He died on 01.01.1986 but the appellant bank has not released securities deposited by his deceased father in the course of his employment.

The appellant/OP filed written statement before District Consumer Forum and stated that he is ready to release securities filed by father of complainant on furnishing fresh securities by complainant/respondent.

After having considered the pleadings of the parties the District Consumer Forum has allowed complaint and has passed order as mentioned above. After having gone through the pleadings of the parties it is apparent that the dispute raised in complaint is not a consumer dispute and the impugned judgment and order passed by District Consumer Forum is without jurisdiction as such appeal is liable to be allowed.

Order

Appeal is allowed. The impugned judgment and order passed by District Consumer Forum is set aside and complaint is dismissed. Parties shall bear their own costs.

       (JUSTICE AKHTAR HUSAIN KHAN)

        PRESIDENT

             (SMT. BAL KUMARI)

           MEMBER

Sarika