Chandigarh

StateCommission

A/58/2016

Smt. Krishnawati - Complainant(s)

Versus

Punjab National Bank - Opp.Party(s)

S.M. Tripathi, Adv.

10 May 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

Appeal No.	:	58 of 2016
Date of Institution	:	09.02.2016
Date of Decision	:	10.05.2016

Smt. Krishnawati w/o Sh. Suresh Kumar R/o H.No.109, Block K. SBS Colony Palsora, U.T., Chandigarh.
Suresh Kumar S/o Sh. Lalta Prasad R/o H.No.109, Block K. SBS Colony Palsora, U.T., Chandigarh.

……Appellants/Complainants.

Versus

Punjab National Bank, through its Branch Manager of Branch Office, SCO No.375-376, Sector 37, Chandigarh.

….Respondent/Opposite Party.

Appeal under Section 15 of the Consumer Protection Act, 1986.

BEFORE: SH. DEV RAJ, PRESIDING MEMBER.

SMT. PADMA PANDEY, MEMBER.

Argued by:

Sh. S. M. Tripathi, Advocate for the appellants.

Ms. Suraksha Sharda, Advocate for the respondent.

PER DEV RAJ, PRESIDING MEMBER.

(ORAL)

Counsel for the respondent/Opposite Party on instructions from respondent/Opposite Party, has stated that the Bank Authorities have approved One Time Settlement (OTS) for Rs.15,000/-. She has also placed, on record, copy of email dated 09.05.2016, which reads as under:-

“Respected Mam

Authority has approved the OTS with Rs.15000.00 in case of Krishna Wati and others, with the following condition

“Borrower shall deposit the total amount of OTS on 10.05.2016 at State Consumer Dispute Redressal Commission, Chandigarh”

Default in payment of OTS within stipulated time i.e. on 10.05.2016 shall render the OTS as failed and all relief and concession shall lapse automatic

As such you are requested to please act accordingly on the date of hearing i.e. 10.05.2016.

Thanks & Regards

PNB Sector 37-D SCO 375-376 Chandigarh – 160036

Email:

2. To the proposal submitted by the Counsel for the respondent/Opposite Party, the Counsel for the appellants/complainants, on getting instructions from the appellants/complainants, agrees to the same. He, however, seeks 15 days time to deposit Rs.15,000/-. In our opinion, the request of the appellants/complainants to this effect is justified.

3. In view of the aforesaid, the appellants/complainants shall deposit a sum of Rs.15,000/- with the respondent/Opposite Party within a period of 15 days from today. On depositing the amount, the respondent/Opposite Party shall issue ‘No Due Certificate’ to the appellants/complainants.

4. Counsel for the appellants/complainants stated that by issuing of ‘No Due Certificate’, he meant that the original documents & cheques lying with the Bank shall be returned to the appellants/complainants.

5. While issuing the ‘No Due Certificate’, the original documents of the house & cheques, if the same are not required by the respondent/Opposite Party in any other loan case, be also returned to the appellants/complainants.

6. The appeal stands disposed of accordingly.

7. Certified copies of the order be sent to the parties free of charge.

8. File be consigned to the Record Room after completion.

Pronounced