ORDER

PARAMJIT SINGH, PRESIDENT

1. Brief facts of the present complaint are that complainant is maintaining an account bearing A/C No. 3131002100007918 with the opposite parties at Sheikhupur, (Kapurthala) branch/opposite party NO.2 on the name of M/s Bhagwati Marbles, outside Octroi Post, Nakodar Road, Khambra, Jalandhar. It is alleged that there

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was balance of Rs.8000/- approx in this account. in the year 2007. It is further averred that complainant took the statement of account on 6/3/2010 from opposite party NO.2 for the period 1/1/2007 to 6/3/2010 in which opposite parties had showed opening balance as zero on 1/1/2007 and on 5/4/2009 and illegally charged minimum balance charges, QAB charges and other charges which is wrong, illegal and arbitrary. Thus there is clear cut deficiency in service and unfair trade practice on the part of opposite parties That due to some unavoidable reasons , complainant could not operate this account.

2. Notice of the complaint was issued to the opposite parties who appeared through counsel and filed written statement raising as many as five preliminary objections by refuting all the allegations made in the complaint that complaint is bad for mis-joinder and non-joinder of necessary parties, the complainant has not come to the court with clean hands, the complainant has got no cause of action to file the present complaint and the complainant has got no locus-standi to file the present complaint. On merits, all other allegations made in the complaint have been emphatically denied and it is pleaded that the complaint is liable to be dismissed.

3. The counsel for the complainant has tendered into evidence affidavit of attorney of complainant Ex.CA along with document Ex.C1 and closed the evidence.

4. On the other hand the opposite parties tendered into evidence affidavit Ex.O1 along with document Ex.O21 and closed the evidence.

5. The case of the complainant is that she was having an

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account in Punjab National Bank, Sheikhupur Branch, District Kapurthala in the name of M/s Bhagwati Marbles and in this current account ExC1, Akshay Dhall son of the complainant is a partner. The case of the complainant is that in the year 2007, the balance amount in this account was about Rs.8000/-. The partnership deed of M/s Bhagwati Marbles is Ex.C11 which shows that Smt. Kamlesh Dhall complainant and Akshay Dhall are the partners of M/s Bhagwati Marbles is a partnership firm.

6 There is another firm M/s. M. M. Enterprises Ex.O14 and Akshay Dhall is the proprietor of M/s. M. M. Enterprises.

7 That on 30.5.2005 Akshay Dhall issued two cheques of Rs.12062/- each from his firm M/s. M. M. Enterprises in favour of Market Committee, Kapurthala. Copies of these cheques are Ex.O3 and Ex.O4.

8. There is another Firm namely Anand Allu Company. This company also issued two cheques in favour of the Market Committee, Kapurthala Ex.O1 and Ex.O2 on 30.5.2005 and the amount of each cheque was Rx.6210/- on 31.5.2005, the opposite party Punjab National Bank returned one cheque to M/s. M. M. Enterprises and one cheque to Anand Allu Company. But inadvertently, the cheque issued by M/s. M. M. Enterprises was debited in the account of Anand Allu Company and one cheque issued by Anand Allu Company was debited in the account of M/s. M. M. Enterprises. On 30.5.2005 vide Ex.O8. By these two transactions, there was a loss of Rs.5852/- to M/s. M. M. Enterprises because a cheque of Rs.6210/-

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was debited in its account which was originally issued by Anand Allu Company.

9. On 9.6.2007, on representation Ex.O7 on conciliation of

the accounts of the parties, entries of both the accounts were reversed. After that Rs.4431/- in the account of M/s. M. M. Enterprises was showing a debit balance and on 9.6.2007 bank wrote a letter to Akshay Dhall to deposit Rs.4431/-. Akshay Dhall admitted his mistake and he authorized the bank to transfer the amount of difference of Rs.5852/- from M/s. Bhagwati Marbles to M/s. M. M. Enterprises.

10. The counsel for the opposite parties argues that both these are current account and these are non-operational and in these accounts, minimum balance is to be maintained by the holder of the account in his account. After the quarterly audit, balance is conducted by the bank and during the audit, everything came to the knowledge of the Authorities of the bank. So Rs5852/- was drawn from the account of M/s. Bhagwati Marbles. This is a partnership account of the complainant and she has filed the present complaint regarding this account. In this account, her son Akshay Dhall is a partner. On 9.6.2007, Akshay Dhall authorized the bank to transfer the amount of Rs.5852/- M/s. Bhagwati Marbles to the account of M/s. M. M. Enterprises through vouchers Ex.O16 to Ex.O19.

11 So from the above discussion, it is clear that the complainant has filed this complaint after suppressing the material facts from this Forum and the complainant has not come to this Forum with clean hands. Both the accounts of Akshay Dhall and the complainant are

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current accounts and are meant for his business. The complainant failed to prove that she is a consumer. So the complaint is hereby dismissed with no order as to costs.

Copy of the order be sent to the parties through registered post free of costs. File be consigned to the record room.

Dated: Gulshan Prashar Paramjit Singh

12.5.2010 Member President