The case of the complainant, the short is that the Complainant are account holder of the Opposite Party vide account No. 924, L.F No. 183/5 and the available balance in their said joint account is Rs. 18,100/- but while the complainants were visited the Office of the Opposite Party, he decline to withdrew the money.
The Opposite Party contested the case by way of filing his written version denying all allegations made against him. In his counter version the Opposite Party contended that the complainant have already withdrew Rs. 4,000/- and Rs. 9500/- on 06.01.2005 and 06.06.2005 respectively and presently the available balance along with interest in their joint account No. is Rs. 7929/-. It is contended that the complainant never visited the office of the Op for withdrawal of the said amount of Rs. 7929/-. The Opposite Party further filed a petition to impaled some former Officer/officials of the OP who were dealt with the withdrawals at relevant time as a party to the case.
Decision with reasons
Heard the Ld advocate of both sides. Perused the pleadings with affidavit also gone through the documents and record and found that the complainant petition required a great deal of evidence as complicated and intricate issues would arise. The matter, therefore, could not be decided in the summary jurisdiction of the forum.
Hence it is ordered :
ORDER
The complaint case No. 24/2014 is dismissed with liberty to the Complainant to take proper course of law in proper forum taking the advantage of relaxation of the period of limitation for the period spent before this forum as laid down by the Hon’ble Supreme Court in Laxmi Engineering Woks – versus PSG Industrial Institute (1995) 3 SCC (583).
The complaint case is disposed of accordingly.
Supply free copy to the parties as per rules.
Delivered in open forum on this 30th January,2015.
