DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

                                                Complaint No.  381

                                                Instituted on:    02.08.2017

                                                Decided on:       23.10.2017

The Moonak Truck Operator Union, Moonak through its President Mukhtiar Singh son of Ajmer Singh, resident of Ward No.1, Moonak, District Sangrur.

                                                        ..Complainant

                                        Versus

Indian Bank, Opposite Kaula Park, Sangrur through its Manager.

                                                        ..Opposite party

For the complainant  :       Shri Gagandeep Bhagria, Adv.

For opposite party    :       Shri Anil Aggarwal, Advocate.

Quorum:   Sukhpal Singh Gill, President

                Sarita Garg, Member

                Vinod Kumar Gulati, Member

Order by : Sukhpal Singh Gill, President.

1.             Shri Mukhtiar Singh, President of the Moonak Truck Operator Union, Moonak,  complainant (referred to as complainant in short) has preferred the present complaint against the opposite party (referred to as OP in short) on the ground that the complainant has their current account number 778934093 with the OP Bank at Sangrur in which payment of transportation work is deposited.  Further case of the complainant is that after the election of the complainant being President, few persons, namely, Gurdeep Singh, Harjinder Singh, Leela Singh etc threatened to interfere in the working of the complainant Mukhtiar Singh and threatened to withdraw the amount from the account, as such the complainant filed a civil suit number 153 dated 8.7.2016 against them at Civil Courts Moonak and the Hon’ble Court granted stay restraining the defendants from interfering into the work of the union and also restrained from withdrawing the amounts in the accounts of the union.  Further case of the complainant is that after that one Bhupinder Singh son of Ajaib Singh, resident of Moonak admitting the complainant as President moved an application dated 12.7.2016 to become the member of the union and after that he started threatening Mukhtiar Singh and he got initiated proceedings under section 145 and 146 of Cr.PC against the property of the truck union illegally.  However, Mukhtiar Singh also filed a civil suit number 222 dated 03.09.2016 against the said Bhupinder Singh. Thereafter the complainant Mukhtiar Singh also filed a criminal revision vide CRR number 3847 dated 2016, however, the same was withdrawn and thereafter filed a writ bearing CWP number 23917 of 2017 before the Hon’ble Punjab and Haryana High Court and the Hon’ble Court vide order dated 16.5.2017 granted the stay in favour of Mukhtiar Singh and stayed the proceedings of learned SDM Moonak.  As such the grievance of the complainant is that he requested the OP to allow him to operate the account, but nothing happened. Thus, alleging deficiency in service on the part of the OP, the complainant has prayed that the OP be directed to allow the complainant to operate the account and further to pay compensation and litigation expenses.

2.             In reply, preliminary objections are taken up on the grounds that the matter in dispute is already pending before Additional Civil Judge (Sr. Division), Sangrur, that the matter in question is also pending before the Hon’ble Punjab and Haryana High Court, that the complaint is not maintainable and that the complainant has not come to the Forum with clean hands. On merits, it is admitted that earlier Shri Mukhtiar Singh was President of the Truck Union and it is also admitted that the complainant truck union has an account in question with the OP Bank. The case of the Op is that the complainant is proclaiming himself to be the President of Union, whereas the other members also proclaimed them to be the President of the union.  The filing of the civil suit in the Civil Courts are also admitted. It is stated that the matter in question is subjudice before the Civil Courts as the case are still pending before the Civil Court.  It is stated that the bank OP has no interest to keep the funds of the union.  The other allegations levelled in the complaint have been denied.

3.             The learned counsel for the complainant has produced Ex.C-1 to Ex.C-18 copies of the documents and affidavits and closed evidence. On the other hand, the learned counsel for the OP has produced Ex.OP-1 affidavit and closed evidence.

4.             We have very carefully perused the pleadings of the parties and heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits dismissal, for these reasons.

5.             At the outset, it is an admitted case of the complainant that the complainant being the President opened a current account with the Op bank, where they use to keep the payment collected from the transportation business, but now the other persons,  namely, Gurdeep Singh, Gujjar Singh, Harjinder Sigh, Leela Singh, Sarup Singh, Mastan Singh, Lala , Bhadur Singh, Gurjant Singh etc. interfered in the working of the complainant as President, as such, the complainant filed a Civil Suit number 153 dated 8.7.2016 as well as filed CWP number 23917 of 2017 before the Hon’ble Punjab and Haryana High Court at Chandigarh, where the Hon’ble Court granted the stay in favour of the complainant and stayed the proceedings of the learned SDM, Moonak.  It is worth mentioning here that the complainant was working as President of the Truck Union, Moonak and as such opened an account on its behalf with the Op and as such, it seems to be not a consumer dispute as the complainant has not himself availed any services of the Op for his own rather obtained the services of the OP being the President of the Truck Union Moonak.  Further it is own case of the complainant that he had already filed a civil suit before the Civil Court, Moonak and before the Hon’ble Punjab and Haryana High Court on the same matter, which is still pending, as such, we feel that the matter in question is subjudice one and accordingly, we feel that this Forum has got no jurisdiction to hear and try the present complaint being not maintainable in the circumstances of the case as mentioned above.

6.             In view of our above discussion and circumstances of the case, we dismiss the complaint of the complainant. However, the parties are left to bear their own costs. A copy of this order be supplied to the parties free of cost.  File be consigned to records.

                Pronounced.

                October 23, 2017.

                                                        (Sukhpal Singh Gill)

                                                           President

                                                                (Sarita Garg)

                                                                   Member

                                                        (Vinod Kumar Gulati)

                                                                   Member