NCDRC

NCDRC

RP/614/2016

SAINT HEARTHS ACADEMY OF PRODUCTIVE EDUCATION & RESOURCE DEVELOPMENT - Complainant(s)

Versus

STATE BANK OF INDIA - Opp.Party(s)

IN PERSON

05 Jul 2016

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 614 OF 2016
 
(Against the Order dated 06/11/2015 in Appeal No. 2390/2014 of the State Commission Madhya Pradesh)
1. SAINT HEARTHS ACADEMY OF PRODUCTIVE EDUCATION & RESOURCE DEVELOPMENT
THROUGH PRESIDENT S.N.MAHESHWARI, 4/5, MEERA COMPLEX, M.P. NAGAR II,
BHOPAL-462011
M.P.
...........Petitioner(s)
Versus 
1. STATE BANK OF INDIA
BITTAN MARKET ARERA COLONY/SHAHPURA BRANCH, NEAR ARERA PETROL PUMP
BHOPAL
M.P.-462011
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER

For the Petitioner :
Ms. Manisha Bharal, Advocate
For the Respondent :

Dated : 05 Jul 2016
ORDER

 

            Learned counsel for the petitioner submits that permission be granted to approach the civil court.  I have read the complaint itself. 

          Paras 2(b) and 3(b) are reproduced as under:

“That the documents related to above FDRs and saving account have been seized by police in the year 1998, hence desired information was neither available with the complainant nor could be remembered.”

 

3(b) Non-complainant created a dispute by demanding more amount than the what was agreed, thus the amount of loan account got disputed and non-applicant filed a civil suit against the complainant.  Before filing the suit, non-applicant also issued legal notice to complainant and got the case exparte in his favour in absence of complainant.  While filing the suit, or while delivering legal notice, or while getting the case decided in bank’s favour on exparte-basis, non-applicant never intimated about the above FDRs and/or saving account in any of the pleadings, nor any information was given.  Such information was suppressed to the extent that the same was neither informed to the court, and/or mentioned in the plain, and/or in any of the documents.”

The civil court has already ceased of the matter.  The petitioner wants to approach the civil court.  Permission is granted.  The complaint before the consumer fora under the circumstances does not lie.

The revision petition is, therefore, dismissed.

A copy of this order be given dasti.

 
......................J
J.M. MALIK
PRESIDING MEMBER

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