Haryana

StateCommission

A/57/2021

UCO BANK - Complainant(s)

Versus

RADHIKA VERMA AND OTHERS - Opp.Party(s)

NEETA PATHANIA

13 May 2023

ORDER

 

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA

 

Date of Institution:12.03.2021

Date of Pronouncement: 13.05.2023

Date of final hearing: 13.05.2023

 

First Appeal No.57of 2021

UCO Bank, NahanBranh, Nahan, HP through its Branch Manager.

 

Through Counsel, Mr. S.S.Pathania, Advocate           

                                                                                                .….Appellant.

Versus

 

1.      Smt. Radhika Verma, W/o Shri Shiv Poojan Verma, R/o House No.513-R, backside main market, Model Town Karnal (HR)

2.      Shiv Poojan Verma, S/o Shri Ram Kishore Verma R/o House No.513-R, backside main market, Model Town Karnal (HR).

3.      Punjab National Bank through its Manager, PNB Branch, Railway Road, Karnal, (HR).

4.      State Bank of Patiala (now SBI) through its Sr. Manager, SBP Branch, Sector-13, Urban Estate, Karnal (HR).

5.      Smt. Radhika Verma W/o Shri Suresh Verma, R/o House No.16, Mogi Nand, Tehsil Nahan, District Sirmour (HP).

Through Counsel, Mr. Satpal Dhamija, Advocate       

….Respondents.

CORAM:    S.P. Sood, Judicial Member.

                  

Present:-    Mr. S.S. Pathania, counsel for the appellant.

                   Mr. Nikhil Sehrawat, Advocate for Mr. Satpal Dhamija, counsel for respondent No.1 & 2.

                   Mr. Davinder Kumar,on behalf of respondent No.3 (PNB Bank)

                  

O R D E R

PER S.P. SOOD, PRESIDING MEMBER:

                   File taken up today before the National Lok Adalat.

2.                The appeal was fixed before the National Lok Adalat because during the course of normal proceedings, Ms. Radhika Verma has put forth a Civil Miscellaneous Application bearing No.297 of 2022 seeking to get back refund of amount under the disputed cheque which has been lying deposited with the appellant UCO Bank, at Nahan in another account wherein itsholder also allege herself to be Radhika Verma. Although formal reply to this Civil Miscellaneous Application bearing No.297 of 2022 was also filed by the appellant resisting the same but of late all the parties to this appeal amicably stated to have resolved this dispute whereby respondent Smt. Radhika Verma, respondent No.1 along with her husband Mr. Shiv Poojan Verma, respondent No.2. along with their counsel agreed to accept the disputed amount of Rs.10,00,000/- (Rs. Ten Lacs Only) along with interest which has accrued thereon while the same remained deposited in the saving bank account with the appellant banker and express their complete satisfaction in lieu of the impugned award.  With all these facts and circumstances acting in the background, this appeal was fixed to be taken up before the National Lok Adalat i.e. 13.05.2023 and this Commission will not shy from extending sincere thanks to all of counsels representing on behalf of both the parties.

3.                Mr. S.S. Pathania, learned counsel for the appellant got recorded his statement to the effect that the bank is ready to release the amount lying deposited in the saving bank account of allegedly Smt. Radhika Verma, along with interest accrued thereon as per the saving back account rate and they will be transferring this entire amount into the bank account A/c No.2289053072 of Central Bank of India, IFSC Code CBIN0282171 in the name of Smt. Radhika Verma W/o Shri Shiv Poojan Verma, respondent in due course. His banker also reserves his right to get the statutory amount refunded whatever was deposited with this Commission at the time of filing of this appeal.  Thereafter, the statements of both Smt. Radhika Verma, W/o Shri Shiv Poojan Verma (Respondent No.1) and that of Shri Shiv Poojan Verma, (Respondent No.2)havealso been recorded separately, wherein both of them have expressed their satisfaction accepting the abovesaid disputed amount along with interest having accrued thereon in due course. In the last but not the least, statement of Mr. Davinder Kumar, representative on behalf of respondent No.3 (PNB Bank) has also already been recorded regarding his having heard the statement of all the stakeholders as were recorded today before the National Lok Adalat and he agreed to the same.

4.                Well without going in to the details as to how and under what circumstances, respondent No.1 had to file the complaint before the learned District Commission originally and decided in favour of respondents No. 1 & 2which of course has been assailed by way of this appeal. Well, the compromise has already been taken place amongst all the parties. As such, without commenting anything qua the merits either of this appeal in one hand or that of the complaint originally, the offer expressed by learned counsel for the appellant to withdraw this appeal is hereby acceptedand all the parties will be bound tocomply with their respective statements which they have given in the court today itself.

5.                Besides the statement as disclosed above, Smt. Radhika Verma, W/o Shri Shiv Poojan Verma (Respondent No.1) and W/o Shri Shiv Poojan Verma, (Respondent No.2) have also submitted theirseparate affidavits wherein again their due concurrence has been given for accepting the above stated amount without any objections.

6.                Further as per request put forth by learned counsel for the appellant bank respondents No.1 & 2 will also furnish adequate indemnity bond to protest the appellant-Bank against any better claimant.

7.                Accordingly, in view of the above-mentioned development, the present appeal stands disposed off.

8.                Statutory amount of Rs.7,16,150/- deposited at the time of filing of present appeal be refunded to the appellant against proper receipt and identification and as per rules.

9.                A copy of this order be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019. This order be also uploaded forthwith on the website of the Commission for the perusal of the parties.

10.              Application(s), pending, if any, stand disposed off accordingly in terms of this order.

11.              File be consigned to record room alongwith a copy of this order.

 

Pronounced on 13^th May, 2023

J.Y..

S.P.Sood       

                                 Presiding Member

Lok Adalat