STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                                    UTTAR PRADESH, LUCKNOW

                                      COMPLAINT NO.  365 OF 2016

Bhagwati Institute Technology & Science

Ghaziabad

Through General Secretary

Rakesh Singhal

                                                                                      ...Complainant

                                                     Vs.

Syndicate Bank

Branch Masoori

Ghaziabad

Through Branch Manager

                                                                                       ...Opposite Party

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

HON’BLE MR. J N SINHA, MEMBER

For the Complainant        :  Sri Isar Husain, Advocate.

For the Opposite Party     :                   -

Dated : 15-12-2016

                                            JUDGMENT

MR. JUSTICE A. H. KHAN, PRESIDENT (ORAL)

Sri Isar Husain, learned Counsel for the complainant appeared.

We have heard learned Counsel for the complainant and perused complaint.

Present complaint has been filed by complainant Bhagwati Institute Technology & Science, Ghaziabad for redressal of grievance arising out of threat allegedly given by opposite party to close complainant’s Account No. 87693070001513. According to complaint cause of action for this complaint has arisen on 02-11-2016 when the opposite party bank has given threat to close account of complainant and has refused to hear anything further from complainant. The statement of account annexed with complaint at page 30 to 59 shows that the balance of said account was Rs.1,99,161.78 on 29-10-2016. The complainant has filed today affidavit alongwith further statement of his above account. It shows that total amount of balance in above account on 02-11-2016 was Rs.34,546.78. Thus, the value of complaint on the date when cause of action is alleged to have arisen for this complaint was below pecuniary jurisdiction of this State Commission.

:2:

Further more the statement of account filed today by the complainant alongwith affidavit shows that the opposite party bank is still operating the said account of complainant and the last deposit of Rs.20,00,000/- has been made in this account on 02-12-2016. Therefore, it is obvious that the opposite party bank has not closed this account or has not withheld transaction of this account. As such the complaint appears to be premature.

In view of above present complaint is not entertainable at this stage. Complaint is returned to the complainant with liberty to make his representation before opposite party bank and if needed tofile fresh complaint in accordance with law before appropriate forum.

Let copy of this order be made available to the parties within 15 days positively as per rules.

                            ( JUSTICE A H KHAN )

                                                                                                             PRESIDENT                                                                                            

                         ( J N SINHA )

                            MEMBER

          Pnt