Haryana

Karnal

CC/234/2023

Balmat Singh - Complainant(s)

Versus

Punjab National Bank - Opp.Party(s)

Kanav Deep Singh

20 Apr 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                          Complaint No. 234 of 2023

                                                          Date of instt.23.04.2023

                                                          Date of Decision:20.04.2023

 

Balmat Singh son of Shri Karam Singh, resident of house no.110, Jatto Mohalla, ward no.14, Karnal. Aadhar no.8901-7756-6683.

 

                                                 …….Complainant.

                                              Versus

 

Punjab National Bank, 9, Guru Nanak Market, Maharana Pratap Chowk, Karnal through its Manager.

                                                                    …..Opposite Party

 

      Complaint u/s 35 of the Consumer Protection Act, 2019

 

Before   Shri Jaswant Singh……President.     

      Shri Vineet Kaushik ………..Member

      Dr. Rekha Chaudhary…Member

 

 Present: Shri Kanavdeep Singh, counsel for the complainant.

                                        

                (Jaswant Singh President)

ORDER:                    

 

                Complaint presented today. It be checked and registered.

 

                        The complainant has filed the present complaint u/s 35 of the Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments in brief that the complainant is account holder of account no.06642011000262 maintained with OP from 21.06.2006. Complainant used to deposit his hard earned money in the abovesaid account and also used to do all the transaction of banking from the abovesaid account only. On 27.09.2021, the complainant present one cheque bearing no.026465 amounting to Rs.7,00,000/- of Karnal Central Cooperative Bank Ltd. Karnal for clearing with the OP, which was cleared on the same date, but there was some dispute arisen between the complainant and the Karnal Cooperative Bank Ltd. regarding the clearance of the abovesaid cheque. The very dispute is pending in the court of Ms. Saravpreet Kaur, learned Civil Judge, Junior Division, Karnal and is fixed for 12.04.2023. It is further averred that OP without any court order had opted to freeze the account of complainant in the month  of October, 2021. Because of which he could not withdraw his balance amount in his account. Complainant moved various applications before the Manager of OP but till date OP has not defreeze the account or balance amount of complainant because of which he is bearing financial losses. The complainant is in dire need of money, as his mother was paralysed due to which her medicine expenses are very high for that purpose complainant again and again requested the OP to defreeze the account or balance amount of complainant. The Manager of OP informed the complainant that they have started a lien of Rs.7 lacs in account of complainant without even informing him and without any court order. It is further averred that complainant never borrowed any loan from the OP, so question of lien arising in the account or balance amount of complainant does not arise. There is no court order regarding freezing the account or balance amount of complainant but OP intentionally harassed the complainant. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence this complaint.

2.             Arguments on the point of admissibility heard.

3.             Complainant had already filed the complaint no.222 of 2023 on the same cause of action and same had been dismissed as withdrawn on the technical ground but this fact has not been mentioned by the complainant in the present complaint. Thus, there is a concealment of facts with regard to filing the earlier complaint. Furthermore, the complainant himself mentioned in his complaint that  the civil dispute is pending in the court of Ms. Saravpreet Kaur, learned Civil Judge, Junior Division, Karnal.

4.             The matter is subjudice and same is pending before the Civil Court. Hence present complaint is not maintainable before the Commission and the same is hereby dismissed at the stage of admission. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Dated:20.04.2023                                                                       

                                                                  President,

                                                     District Consumer Disputes

                                                     Redressal Commission, Karnal.

 

 (Vineet Kaushik)       (Dr. Rekha Chaudhary)      

                           Member                          Member