Punjab

Moga

EA/17/24

Pawandeep Kaur - Complainant(s)

Versus

Punjab National Bank - Opp.Party(s)

Sh. Kamaljit Singh Gill

02 Feb 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MOGA.

 

 

                                                                       E.A. No. 24 of 2017 

                                                                          Instituted On: 11.10.2017 

                                          Decided On: 02.02.2018

 

 

Pawandeep Kaur widow of Mandeep Singh son of Davinder Singh son of Gurdev Singh, resident of village Butter Kalan, Tehsil Nihal Singh Wala, District Moga, now residing with her father Chamkaur Singh at village Sandur, Tehsil Malerkotla, District Sangrur

 

……Applicant/complainant  

Versus 

 

Punjab National Bank, Branch Butter Kalan, Tehsil Nihal Singh Wala, District Moga, through its Manager.

 

……. Respondent/opposite party

 

 

Application under Section 25 & 27 of the

Consumer Protection Act, 1986.

 

                                     

Coram:     Smt. Vinod Bala, Presiding Member

                   Smt. Bhupinder Kaur, Member

 

Present:       Sh. Kamaljit Singh Gill, Adv. Cl. for applicant/DH.                        

                  None for the Respondent/JD.

 

 

ORDER

(Per Smt. Vinod Bala, Presiding Member)

The present Execution Application has been filed by applicant/complainant under Section 25 & 27 of the Consumer Protection Act, 1986 (herein after referred to as the Act) for directing the respondent/opposite party to make payment of amount lying deposited as per order dated 12.09.2014 of this Forum in the shape of FDR bearing branch Sl no.181000 customer no.CRP005509 account no.181000PU00009125 dated 17.01.2015 date of maturity 17.01.2016 matured  value of Rs.4,11,850/- with upto date interest to the applicant/DH.

2.                Vide order dated 12.09.2014 passed by this Forum in           C.C. No.73 of 2014, titled as Pawandeep Kaur Versus Punjab National Bank, this Forum had allowed the complaint, operative part of the said order is reproduced as under :-

“The contention that civil suit is pending for disposal titled as Mahinder Kaur etc. Versus Pawandeep Kaur etc. is no ground to restrain the complainant from operating the account, which was already in the joint name of her and her husband. Either or Survivor was entitled to operate the said account. However, keeping in view the pendency of civil suit in between parties, it would be advisable to direct Pawandeep Kaur to keep ½ of the disputed amount in the form of FDR in the same bank for the period until the civil matter stands finally adjudicated so as to satisfy the claim of Mohinder Kaur etc, if ultimately they are successful in the litigation. The complaint stands allowed accordingly leaving the parties to bear their own costs.

2.                Upon notice of this Execution Application, respondent firstly appeared through Sh. Abhishek Singla, SWO 'A' on 20.12.2017 and secondly Sh.Balram, Manager on 05.01.2018 and sought adjournment for filing objections. Accordingly the case was adjourned for filing objections. But thereafter till date neither any objection is filed nor anybody has appeared on behalf of respondent. As the civil suit titled as Mohinder Kaur Versus Pawandeep Kaur etc. has been dismissed vide judgement and decree dated 05.07.2017 by the court of Gurbhinder Singh Johal, PCS, Civil Judge (Junior Division) Moga, copy of which is produced on record by the applicant/DH and the applicant/DH has produced his affidavit stated therein that he has not filed any appeal against the judgement and decree dated 05.07.2017 before any Session Court and High Court. So, the respondent/JD is hereby directed to release the amount of Rs.3,77,701/- deposited by Pawandeep Kaur applicant/DH with them in the shape of FDR as per the order dated 12.09.2014 of this Forum alongwith interest accrued thereon. The present execution application stands disposed of. File be consigned to record room.

Announced in Open Forum.

Dated: 02.02.2018.

 

                                       (Bhupinder Kaur)                             (Vinod Bala)

                                          Member                                    Presiding Member