Haryana

StateCommission

MA/119/2015

Union Bank of India - Complainant(s)

Versus

Market Committee - Opp.Party(s)

03 Nov 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

Miscellaneous Application No.119 of 2015

                                             In

First Appeal No  :        993 of 2003

Date of Institution:        27.05.2003

Date of Decision :         03.11.2015

 

Union Bank of India Kurukshetra Branch, through its Branch Manager, Subhash Mandi, Kurukshetra.

                                      Applicant/Appellant/OP No.1

Versus

 

1.      Market Committee, Thanesar, District Kurukshetra through its Executive Officer-cum-Secretary, Market Committee, Thanesar, District Kurukshetra.

                                      Respondent-Complainant

2.      Union Bank of India, Head Office, through its Chairman, Vidhan Sabha Marg, Bombay.

3.      Regional Manager, Union Bank of India, Sector 17-B, Chandigarh.

Respondents-Opposite Parties No.2&3

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member                                                                                                                                         

Present:              Shri Saurabh Bhardwaj, Advocate for applicant/appellant.

 

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

Market Committee, Thanesar-respondent No.1/complainant filed Complaint No.45 of 1996 before District Consumer Disputes Redressal Forum, Kurukshetra (for short ‘the District Forum’). The applicant/opposite party No.1 and respondents/opposite parties No.2 and 3 contested the complaint. Vide order dated 8^th April, 2003, the District Forum allowed complaint directing the opposite parties as under:-

“……we allow the complaint and direct the Ops to pay interest on the saving bank account No.1237 of complainant w.e.f. November 1989 according to the rate prevailing from time to time. We further direct the Ops to pay interest @ 10% per annum on the amount of interest from the date of filing the complaint i.e. 6.1.1996 till the date of payment and pay interest on the amount deposited by the complainant up to date according to the rate prevailing from time to time. Keeping in view the peculiar circumstances of the case, there shall be no order as to costs.”    

2.      The applicant/appellant filed appeal No.993 of 2003. Since, the appellant did not deposit statutory amount, therefore, the appeal was dismissed by this Commission vide order dated June 5^th, 2006 observing as under:-

“In view of the position explained above and because of the fact that the requisite amount has not been deposited in this case by the appellant, we have been left with no other option but to dismiss the appeal. We order accordingly.”   

3.      The applicant/appellant filed Revision Petition No.3082 of 2006 before Hon’ble National Consumer Disputes Redressal Commission, New Delhi but the same was got dismissed as withdrawn with liberty to move appropriate application before the State Commission, in view of decision of U. Jawahar Lal vs. Union of India & Ors, 2006 (6) ALT 19 of Andhra Pradesh High Court.

4.      The applicant/appellant moved the instant application before this Commission seeking permission to deposit the statutory amount of Rs.25,000/- in terms of provisions of the Act.

5.      Since the appeal has already been dismissed vide order dated June 5^th, 2006, this Commission is not empowered to review its own decision in view of the judgment rendered by Hon’ble Supreme Court in Rajeev Hitendra Pathak and Others Vs. Achyut Kashinath Karekar and Another, IV (2011), CPJ 35, (S.C). 

6.      In U. Jawahar Lal’s case (Supra), permission was granted to the petitioner in writ petition to move an application before the State Commission to restore the appeal by depositing the statutory amount, which is not the case before this Commission.

7.      Hence, the application is dismissed.

 

Announced 03.11.2015

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

CL