ORDER  

14.08.2018          Heard the learned counsel for the appellant and respondent no. 1.

          The appellant’s case is that he has deposited the money in question with the PACS the opposite party no. 1 who maintains the bank account with appellant central co operative bank (opposite party no. 2) of the complaint.

          The District Forum having found that the complainant is entitled to get back the money deposited by him. However in the operative portion of the order, the District Forum has directed the opposite parties which includes the appellant bank as well as concerned co operative officer to pay the cheque issued by the PACS provided the same is an order. In other words the liability of payment cannot be fastened on the bank and the co operative officer.

          We have considered the submissions/grievances on behalf of the appellant as also the respondent no. 1. Respondent no. 2 and 3 absent. We accordingly modify the impugned order by holding that the bank as well as co operative officer (opposite party no. 2 and 3) are not liable for payment to the complainant. The impugned order is modified as above and appeal stands allowed.

            Member(F)                                                                             President

        Agam.