MR. PRAVAT KUMAR PADHI, PRESIDENT:-
This C.C.Case No. 22/2022 has been filed U/s-35 of C.P.Act, 2019 seeking following relief that the Op be directed to produce the document of fix deposit and transfer of cash to the A/c of Complainant, if failed the amount be deposited before Hon’ble Court in favour of the Complainant.
Brief fact of the case is that, Complainant is the Account holder of S/B A/C No. 33689606648 and on dt. 30.08.2019 with negotiation of a Bank staff whose name has not disclosed, he has opened fixed deposit account of Rs. 1 Lakhs by drawing Rs. 1 Lakh on dt. 28.11.2018 and on the same day term deposit advise bearing A/C No. 38093641762 amounting Rs. 1 Lakh was issued on same day in favour of Complainant and same was prematurity encashed on 30.08.2019 and credited to Complainant’s S/B A/c, which we perused and found to be correct from the record filed on dt. 11.10.23 before this Commission.
The cause of action arose during the period from dt. 28.11.2018 to 30.08.2019 and allegation of non-payment is baseless and found to be incorrect. Complainant has raised the disputed fact without any substance and has not make out any case regarding deficiency in service on part of the Ops. The present C.C.Case is purely a case of fraud and cheating as has been alleged by the Complainant in his pleading for which this Commission has no jurisdiction to adjudicate the same since the proceeding before this Commission is summary in nature and moreover the C.C.Case is barred by limitation as stipulated U/s-69 of C.P.Act, 2019. To this the Op has filed some citations in support of his case and relied upon the decisions vide 1) 2023 Live Law (SC), Page-251(SC), 2) 11(1995)CPJ, P-250(NC), 3) Judgement dt. 13.09.22 of SCDRC which has relevance to the case in hand. Thus, we find no merit in the present C.C.Case and as such it is hereby dismissed. No order as to cost.
Issue extract of the order to the parties concerned.
Pronounced in the open Commission, on this the 31st day of October,2023.
I, agree.
Sd/- Sd/-
MEMBER PRESIDENT
