NCDRC

NCDRC

RP/1102/2011

BRANCH MANAGER, INDUSIND BANK LTD. & ANR. - Complainant(s)

Versus

RAFIQUL HAQUE LASKAR - Opp.Party(s)

MR. M. YOGESHKANNA

09 Aug 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1102 OF 2011
 
(Against the Order dated 07/03/2011 in Appeal No. 46/2007 of the State Commission Assam)
1. BRANCH MANAGER, INDUSIND BANK LTD. & ANR.
Cachar Market, Rangirkhari Sichar, Cachar
Assam - 788005
2. THE FIELD EXECUTIVE OFFICER, INDUSING BANK LTD.
Cachar Market, Rangirkhari, Sichar
Cachar
Assam - 788005
...........Petitioner(s)
Versus 
1. RAFIQUL HAQUE LASKAR
R/o. Ghoniwala Mukam Road, P.O. Malugram, P.S. Sichar
Cachar
Assam
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R. C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S. K. NAIK, MEMBER

For the Petitioner :MR. M. YOGESHKANNA
For the Respondent :NEMO

Dated : 09 Aug 2011
ORDER

Challenge in these proceedings is to the order dated 7.3.2011 passed by the Assam State Consumer Disputes Redressal Commission, Gawahati (for short, ‘the State Commission’) in M.A. No. 1, 2 & 3 of 2011 in F. A. No. 46 of 2007.  By the impugned order, the State Commission has dismissed the application for condonation of delay filed by the opposite party-appellant and consequently dismissed the appeal also.

While issuing notice in these proceedings, this Commission had directed the petitioner to deposit the entire awarded amount alongwith interest within a week before the District Forum and further directed that out of the said deposited amount, 50% amount of the deposited amount be disbursed to the complainant on production of personal bond. 

We have heard Mr. M. Yogesh Kanna, learned counsel for the petitioner and Mr. Taj Uddin Hasan, learned counsel for the respondent and have considered their respective submissions. 

-3-

Learned counsel for the petitioner submits that pursuant to the said direction, the petitioner has deposited a sum of Rs.95,531/- in the concerned District Consumer Forum.  Learned counsel for the respondent does not dispute this position but states that when he went for the release of half of said amount before the concerned District Consumer Forum, the District Consumer Forum had insisted on the complainant to furnish security in the form of NSC/FD etc. for a sum of Rs.50,000/- alongwith personal bond as a condition for release of the half amount.  This order has been brought to our notice by way of representation made by the complainant-Rafiqul Haque Laskar.  In our view, it was highly improper on the part of the District Consumer Forum to have insisted upon the complainant to furnish security in the form of NSC/FD etc. because such a direction was contrary to the directions given by this Commission in its order dated 5.4.2011.  The District Consumer Forum had no business to ask for any security once this Commission directed it to release the half of the deposited amount, merely on furnishing personal bond by the complainant.  Therefore, we set aside the order and deprecate the action of the District Consumer Forum in that behalf in strong terms.

-4-

After arguing the matter, learned counsel for the parties under instructions have agreed to settle the matter in the manner that out of the total deposited amount of Rs.95,531/-, half of the amount i.e. Rs.47,765/- be paid  to the complainant and the balance be refunded to the petitioner.  We order accordingly.  The District Forum shall release the amount of Rs.47,765/- to the complainant-respondent as soon as the order of this Commission is produced without insisting on security of any kind and after doing so, the District Consumer Forum shall release the balance amount to the petitioner.  A compliance report shall be sent to this Commission within one month.  Dasti to both sides.

The revision petition stands disposed of in the above terms.

 

 
......................J
R. C. JAIN
PRESIDING MEMBER
......................
S. K. NAIK
MEMBER

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