STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA
First Appeal No.824 of 2017
Date of Institution:11.07.2017
Date of Decision:17.11.2021
1. Indian Overseas Bank, Regional Office,SCO No.11, Sector-7C, Madhya Marg, Chandigarh through its Regional Manager.
2. Indian Overseas Bank, Branch Gobindpuri, Yamuna Nagar through its Branch Manager.
3. Mahesh Jain, Manager, Indian Overseas Bank, Branch Gobindpuri, Yamuna Nagar.
…..Appellants.
Versus
Shri Chunni Lal Gupta S/o Shri Sumer Chand Gupta, R/o House No.668, Sector-17, HUDA, Tehsil Jagadhri, District Yamuna Nagar (Haryana).
…..Respondent.
CORAM:- Shri Ram Singh Chaudhary, Judicial Member.
Present: Shri C.S. Pasricha and Shri Vishal Ahuja, Advocates alongwith Shri Sunil Kumar Gupta, Chief Manager, Indian Overseas Bank for the applicant-appellant.
Shri Ranjan Arora, Advocate alongwith Shri Chunni Lal Gupta the for respondent in person.
ORDER
RAM SINGH CHAUDHARY, JUDICIAL MEMBER:
As per order dated 27.09.2021 contained in letter No.1578, I am conducting these proceedings singly.
2. As a matter of fact, on 08.10.2021 it was brought into the notice of this Commission that an amicable settlement has been taken place between the parties and terms and conditions mentioned in the written compromise dated 18.09.2020. The original compromise deed has also been placed on record. Perusal of the same reveals that the written compromise deed bears the signatures of both the parties and thereafter the statement of Shri Chunni Lal Gupta, who is original complainant and now the respondent in the present appeal has suffered a statement that a settlement has been taken place between the parties. He has no objection, in case, the appeal of the Bank is allowed and order dated 23.05.2017, passed by learned District Commission, Yamuna Nagar is set-aside and the statutory amount of Rs.25,000/- (Rs. Twenty five thousand only) may be refunded to the appellant Bank. The compromise deed is Ex.C-1.
3. Thereafter, Shri Bir Chand Thakur, who was Chief Manager/Attorney Holder on behalf of the Bank has also appeared and made a statement that in view of the statement suffered by Shri Chunni Lal Gupta, the appeal may be allowed and order dated 23.05.2017, passed by learned District Commission, Yamuna Nagar may be set-aside. Similarly, statutory amount of Rs.25,000/- (Rs. Twenty five thousand only) may be ordered to be refunded to the appellant.
4. Today, while conducting the proceedings, it has been brought into the notice of this Commission by learned counsel for the appellant that Shri Bir Chand Thakur, the then Chief Manager of the Indian Overseas Bank, Branch Chandigarh has been transferred and Shri Sunil Kumar, who is presently posted at the Chandigarh branch and also placed on record the Power of Attorney instituted by the higher bank authorities.
5 In view of the statements made by the complainant as well as the Chief Manager on behalf of Indian Overseas Bank and also in terms of the written compromise deed (Ex.C-1) dated 18.09.2020, the impugned order dated 23.05.2017, passed by learned District Commission, Yamuna Nagar is set-aside, original complaint stands dismissed and present appeal is allowed in terms of the compromise deed (Ex.C-1).
6. Statutory amount of Rs.25,000/- (Rs. Twenty five thousand only) be released to the appellant as per the rules and regulations . It is further clarified that both the parties shall be governed by all the terms and conditions of Ex.C-1. File be consigned to records.
November 17th, 2021 Ram Singh Chaudhary
Judicial Member Addl. Bench
R.K.
