Haryana

StateCommission

MA/116/2015

The Sonepat Urban Cooperative Bank Limited - Complainant(s)

Versus

M/s Saini Machinery Store - Opp.Party(s)

07 Oct 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA.

 

                              Civil Misc. Application No.    116 of 2015 in

                                   First Appeal No.                        1567 of 2009

                                   Date of the Institution:              18.09.2015

                                   Date of Decision:                      07.10.2015

 

 

The Sonepat Urban Cooperative Bank Limited, Sonepat through its Branch Manager.

                             Applicant-Appellant (Opposite Party)

Versus

M/s Saini Machinery Store, Murthal Road, Sonepat through its Proprietor.

                                      Respondent (Complainant)

 

 

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

                             Mr. Diwan Singh Chauhan, Member.

                                                

Present:-              Sh. Amit Kumar Goyal, Advocate for the applicant.

 

O R D E R

 

NAWAB SINGH J, (ORAL)

 

          This order disposes of miscellaneous application No.116 of 2015 filed in First Appeal No.1567 of 2009, The Sonepat Urban Cooperative Bank Limited Versus M/s Saini Machinery Store, Sonepat, decided on February 10^th, 2012.

2.      Complaint No.351 of 2008, titled M/s Saini Machinery Store, Sonepat versus The Manager, The Sonepat Urban Cooperative Bank Limited, Sonepat was allowed by District Consumer Disputes Redressal Forum, Sonepat vide order dated September 22^nd, 2009.

3.      Against the said order, The Sonepat Urban Cooperative Bank Limited, Sonepat (for short ‘Bank’) filed appeal No.1567 of 2009 before this Commission, which was dismissed vide order dated February 10^th, 2012. 

4.      Aggrieved of the said order, Bank preferred revision petition No.3409 of 2012 before the National Consumer Disputes Redressal Commission, New Delhi and the same was allowed vide order dated May 20^th, 2014.

5.      Bank filed miscellaneous application No.19 of 2015 before the National Consumer Commission to release the amount, that is, Rs.25,000/- and Rs.1,67,700/- (50% of the awarded amount).

6.      National Consumer Commission vide order dated January 23^rd, 2015 held as under:-

          “….As aforesaid money was deposited by petitioner with the State Commission in compliance of order of State Commission, this Commission cannot release the money but the petitioner is directed to approach State Commission and in such circumstances miscellaneous application No.19/2015 filed by the petitioner stands disposed of.”

7.      In view of the facts stated hereinabove and the order of the National Consumer Commission, the amount of Rs.25,000/- and Rs.1,67,700/- deposited with this Commission be released to the applicant against proper receipt and identification in accordance with rules.   

 

 

October 07th, 2015

Diwan Singh Chauhan Member

Nawab Singh President

 

U.K