ORAL
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
Appeal No. 1299/2022
(Against the order dated 16-09-2022 in Complaint. Case No.121/2017 of the District Consumer Commission-I, Bareilly)
Alpit Agrawal
S/o Ashok Kumar Agrawal
Director A K C Auto Private Limited
Parsakheda Road No.2, Rampur Road
Bareilly
...Appellant
Vs.
- Branch Manager
Union Bank of India
87 Civil Lines
Ayub Khan Chouraha
Bareilly-243001.
- Assistant Branch Manager
Union Bank of India
Circle Office First Floor
13 M.G. Road D.M. Compound
Agra, U.P. 282001
- Chief Manager
Union Bank of India
Union Bank Bhavan First Floor
Vibhuti Khand, Gomtinagar
Lucknow
- Managing Director
Union Bank of India
Union Bank Bhavan
239 Vidhan Bhawan Marg
Nariman Point, Mumbai.
....Respondents
BEFORE:
HON'BLE MR. JUSTICE ASHOK KUMAR, PRESIDENT
For the Appellant : Sri Akhilesh Trivedi, Advocate.
For the Respondent :
Dated : 26-09-2023
JUDGMENT
MR. JUSTICE ASHOK KUMAR, PRESIDENT
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Sri Akhilesh Trivedi, learned Counsel for the appellant appeared.
The instant appeal has been filed by the appellant/complainant against the judgment and order passed by the learned District Consumer Commission dated 16-09-2022 in Complaint Case No. 121/2017.
The learned District Consumer Commission after discussing the entire material placed before it by the respective parties has arrived at the conclusion which is quoted hereinbelow:-
“परिवादी का परिवाद विपक्षीगण के विरूद्ध आंशिक रूप से स्वीकार किया जाता है। विपक्षीगण परिवादी को उसके प्रश्नगत खाते का हिसाब किताब 30 दिन में करे अवगत करा देगें, यदि कोई पैसा परिवादी का उन पर बढ़ता है तो उसे 30 दिन में अदा कर देगें। इस संबंध में दोनों पक्ष अपना-अपना वाद व्यय स्वयं वहन करेंगे।“
The order passed by the learned District Consumer Commission is in fact has been passed in favour of the complainant/appellant. The appellant was supposed to carry on the directions and to approach the opposite party, Branch Manager, Union Bank of India, 87 Civil Lines, Ayub Khan Chouraha, Bareilly. There is no material available on the record by which it can be proved that in compliance of the order passed by the learned District Consumer Commission the complainant approached the Branch Manager of Union Bank of India.
During the course of hearing of the present appeal Sri Akhilesh Trivedi, learned Counsel for the appellant has informed the Court that since the opposite party/bank is not complying the directions as issued by the learned District Consumer Commission, an execution petition has been filed which is pending before the learned District Consumer Commission.
In view of the aforesaid, it is provided that in compliance of the judgment and order aforesaid dated 16-09-2022 the complainant/appellant will approach the Branch Manager, Union Bank of India, 87 Civil Lines, Ayub Khan Chouraha, Bareilly
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alongwith the certified copy of this order. The opposite party Branch Manager, Union Bank of India is directed to carry on /comply with the directions issued by the learned District Consumer Commission without any further delay.
With these observations, the instant appeal is disposed of.
Let copy of this order be made available to the parties as per rules.
The Stenographer is requested to upload this order on the website of this Commission at the earliest.
( Justice Ashok Kumar )
President
Pnt
Court-1
