ORDER

Complaint under  Sec.12 of the CPA 1986 as amended upto date

Per Sh. Rakesh Kapoor, President

          Complaints filed u/s 12 of the CP Act are decided by this Four in the summary mode of procedure prescribed in the act ibid.  Where are however, there are questions of facts involved in the case which need to be determined by means of an elaborate evidence including cross examination of the witnesses,  the matter involved can not be decided by this Forum.  The present one is such a case where the parties are at variance as regards  questions of fact which can be determined only after evidences is led on both sides and the witnesses are subjected to a lengthy cross examination.  It also involves leading of technical evidences such as CCTV footage etc.  

      Briefly stated that the facts are that the complainant had borrowed a sum of Rs.27,000/- from the OP which he was liable to be repay in instalments.  It is the case of the complainant that on 16.9.2013 he had visited the office of the OP and had paid a sum of Rs.10500/-. He has alleged that the cashier Sh. Ajish had claimed that the complainant had paid a sum of Rs.5000/- only and not a sum of Rs.10500/-.  Police was called in but nothing  materialzed as a result of which the complainant approached this Forum alleging deficiency in service on the part of the OP.  The question as to whether the complainant had tendered a sum of Rs.10500/- as claimed by him or a sum of Rs.5000/- only as claimed by the OP has to be determined after evidence is led on both sides and the witnesses are subjected to a lengthy cross examination. We are, therefore, of the considered opinion that the present complaint is not maintainable in this Forum in its summary procedure prescribed for disposal of the complaint.  The complainant may take recourse to any other  remedy available to him in any other Forum/Court.  With these observations, the complaint is dismissed.

                   Copy of the order be made available to the parties as per rule. 

File be consigned to record room.

          Announced in open sitting of the Forum on.....................