DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA

CC.No.310 of 14-07-2010

Decided on 19-11-2010

M/s. Rainbow Electric Appliances Pvt. Ltd., through its Director Sh.Anil Singla, 536 F, Madhuban Street,

 Amrik Singh Road, Bathinda.

.......Complainant

Versus

Punjab and Sind Bank, ITI Branch, Bathinda, through its Manager.

......Opposite parties

Complaint under Section 12 of the Consumer Protection Act, 1986.

QUORUM

Smt. Vikramjit Kaur Soni, President.

Dr. Phulinder Preet, Member.

Sh. Amarjeet Paul, Member.

Present:-

For the Complainant: Sh.Gulab Singh, counsel for the complainant.

For Opposite parties: Sh.Rajan Garg, counsel for opposite party.

ORDER

VIKRAMJIT KAUR SONI, PRESIDENT:-

1. The present complaint has been filed by the complainant under Section 12 of the Consumer Protection Act, 1986 (Here-in-after referred to as 'Act'). In brief, the complainant has filed the present complaint with allegations against the opposite party that the complainant is a company incorporated under the Companies Act and has its office at M/s Rainbow Electric Appliances Pvt. Ltd., W-30, West Babarpur Shahdra, Delhi and office at Bathinda. This complaint has been filed by Mr. Anil Singla who is director of the company and has been authorized to file the present complaint on behalf of company. The company is maintaining CC Account No.46 with Punjab and Sind Bank and the same has charged account opening charges and account maintenance charges from the complainant. The complainant is income tax payee and on 06.08.2009, the complainant received a notice under sub-section (1) of section 142 of the Income Tax Act, 1961 in connection with assessment for the assessment year 2007-08 and the complainant was required to produce certain documents including Bank Statement from the Bank. The complainant requested the opposite party to provide Bank Statement for the period of 01.04.2006 to 31.03.2007 through registered letter dated 07.11.2009. The opposite party has failed to reply to this letter dated 07.11.2009 and the complainant pleaded that without Account Statement, he was unable to defend his case before Income Tax Department and he could not produce the evidence in his favour. Thus, the assessment order was passed against the complainant and Income Tax department has issued Rs.84,430/- alongwith interest under Section 234A and 234B of the Income Tax Act. Hence, the complainant has filed this complaint.

2. The opposite party has pleaded in its written statement that Mr. Anil Singla is not competent to file the present complaint as he has not been authorized to do so by the company. The opposite party has received a speed post letter dated 07.11.2009 containing representation for settlement of CC Limit in the name of the complainant. The complainant never requested to provide the statement of account as alleged by him. The account of the complainant has been declared Non-performing Asset (NPA) and the Civil Suit for recovery is pending since the year 2003 in the Civil Court at Bathinda which is defended by the complainant. A notice sent by the complainant was duly received and replied by the opposite party.

3. Parties have led their evidence in support of their respective pleadings.

4. Arguments heard. Record alongwith written submissions submitted by the parties perused.

5. The complainant-company has filed this complaint through Mr. Anil Singla, one of the director of the company, for issuance of Bank Statement for the period of 01.04.2006 to 31.03.2007 through registered letter dated 07.11.2009. The learned counsel for the complainant has submitted that the opposite party has failed to provide the Account Statement of the complainant and in absence of account statement, he was unable to defend his case before Income Tax department as he has received a notice under sub-section (1) of section 142 of the Income Tax Act, 1961 in connection with assessment for the assessment year 2007-08 and the complainant was required to produce certain documents including Bank Statement from the Bank. He was unable to defend his case properly before Income Tax department as he had not produce the evidence in his favour and assessment order was passed against the complainant to the tune of Rs.84,430/- alongwith interest under Section 234A and 234B of the Income Tax Act.

6. The learned counsel for opposite party has submitted that Mr. Anil Singla is not competent to file the present complaint on behalf of the company and letter dated 07.11.2009 contained representation for settlement of CC Limit in the name of the complainant. The complainant has never requested or demanded from the opposite party to provide the statement of account. Moreover, the account of the complainant has been declared Non-performing Asset (NPA) and the Civil Suit for recovery is pending since the year 2003 in the Civil Court at Bathinda which is being defended by the complainant and certified copy of that statement account is annexed with the plaint. Ex.C-3 dated 07.11.2009 shows that the complainant has written a letter to the opposite party which can be read as under:-

“Our Income Tax case for the period 01.04.2006 to 31.03.2007 was re-opened. So, you are requested to please send the statement of account for the period as mentioned above. It was required by I.T. Officer Mr.Umesh Kumar on last called dated 09.10.2009.”

It is quite ironical that the last call was for 09.10.2009 and the complainant is writing a letter for statement of account on 07.11.2009. The opposite party denied the contents of this letter. Mr. Gurpreet Singh, Manager of Punjab and Sind Bank has deposed in his affidavit Ex.R-1 that a registered cover was received on 10.11.2009. The complainant has misstated the true facts only to harass the opposite party. The letter dated 07.11.2009 placed on file vide Ex.C-3 is abuse of law. The opposite party has received a speed post letter dated 09.10.2009 containing representation for settlement of CC Limit in the name of complainant Ex.R-2. A perusal of Ex.R-2 shows that this letter has been received on 10.11.2009 vide speed post letter dated 07.11.2009. This letter has been sent by the complainant, subject of this letter is representation for settlement of CC Limit Account No.46 in the name and style of M/s Rainbow Electrical Appliances Pvt. Ltd. Hence, two different letters are produced on file by the complainant and the opposite party vide Ex.C-3 and Ex.R-2 respectively. Both the letters are signed by the complainant and signatures are same. The letter dated 07.11.2009 Ex.C-3 is after thought just to harass and file the complaint against the opposite party. The opposite party has written a letter dated 28.11.2009 Ex.R-4 and requested the complainant to reach at their branch office within 15 days from the date of receipt of this letter for amicable settlement by allowing concession as per Bank Policy. The account of the complainant has been declared non-performing asset (NPA) in 2003 and the Civil Suit for recovery is pending since the year 2003 in the Court of Sh.Bhajan Ram, Civil Judge (Senior Division), Bathinda. The complainant is silent about the pendency of this suit. After receiving letter dated 28.11.2009 Ex.R-4, the complainant had never approached the opposite party rather he has sent legal notice dated 08.02.2010 to the opposite party and filed this complaint on 14.07.2010 before this Forum. His act and conduct shows that he is not interested in settlement of his CC Limit as he has mentioned in his letter dated 19.10.2009 Ex.R-2, he only wants account statement which cannot be given by the opposite party without settling his CC Limit. This letter was written by the complainant on 19.10.2009, received by opposite party on 07.11.2009. Thereafter, he has placed on file letter dated 07.11.2009 in which, he has asked for statement of account just to fill lacuna in the case pending before the Civil Court. Moreover, this account has been declared as NPA in 2003, then statement is already placed on file vide Ex.R-10 page No.17. Hence, there is no deficiency in service on the part of the opposite party. Therefore, this complaint is dismissed without any order as to cost.

7. A copy of this order be sent to the parties concerned free of cost and file be consigned for record. '

Pronounced in open Forum (Vikramjit Kaur Soni)

19.11.2010 President

(Dr. Phulinder Preet)

Member

(Amarjeet Paul)

Member