Chandigarh

DF-I

CC/618/2021

St. Thomas School - Complainant(s)

Versus

The HDFC Bank Ltd - Opp.Party(s)

Yogesh Goel

30 Jun 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/618/2021
Date of Institution	:	13/09/2021
Date of Decision	:	30/06/2022

 

St. Thomas School, Civil Lines Road, Gopal Nagar, Gomti Mohalla, Jagadhri, Haryana, through its Principal Mrs.Chandana Lall, aged about 53 years, W/o Late Sh.Sundeep Lall.

… Complainant

V E R S U S

1. The HDFC Bank Ltd. (Yamuna Nagar Branch) Plot No.1, Rajesh Nagar Colony, Ambala Road, Yamuna Nagar, through its Branch Manager.
2. The HDFC Bank Ltd. Plot No.28, Industrial Area, Phase 1, Chandigarh, through its Branch Banking Head.

… Opposite Parties

 

CORAM :	MRS. SURJEET KAUR	PRESIDING MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Sh.Yogesh Goel, Advocate, Counsel for Complainant alongwith Sh.Vipul Goel, Advocate
	:	Ms.Rupali, Advocate, Counsel for Opposite Parties(OPs).

Per Suresh Kumar Sardana, Member

1.     The long and short of the allegations are, on 26.08.2015, Bank Account bearing Account No. 50100117060303 ID No. 6398161 was opened in the name of "St. Thomas School Jagadhri" with the opposite parties under Signatures and Representation of (1)Dr.A.D.Lyall (then Secretary/Treasurer); (2)Mr.Suresh Martin Chauhan (then Manager); (3)Mr. Noel Surandre Dass (Administrative Officer); and (4)Mr. James Prashar of complainant school. It has been alleged that vide meeting held on 19.03.2016 by Governing Body of School, it was resolved to authorize (1) Mrs.Anuradha Amos (Hon.Secretary) (2) Mrs.Chandana Lall (Principal) and (3) Dr.Cecil A. Harrison to operate the said bank account. The intimation in connection with change of authorized representatives/signatories of complainant school was communicated to opposite parties and requested to allow them to operate the said account, but they did not take any decision for a long time, therefore it was decided by Finance Committee of complainant school to close the said bank account. Thereafter the complainant school approached opposite parties for closure of said bank account vide request Letter dated 30.02.2018, which was duly received by opposite parties. Various meetings were held between representatives of complainant school with opposite parties and opposite parties requested to move fresh application to activate the bank account, therefore, complainant school again approached opposite parties vide Letter dated 11.07.2019 to activate the said bank account and also submitted Court Order dated 16.05.2019 showing all cases withdrawn by parties. That upon Letter dated 11.07.2019, opposite parties informed that said bank account maintained with them has been kept at "No Debit Status" on the false premise that registration of school has been cancelled by Registrar of Societies and in the absence of court order, opposite parties are unable to take any action in respect of said account. Thereafter, complainant school got issued notice to opposite parties through its advocate for granting permission to operate the said bank account vide notice dated 13.08.2019, but to no effect. It is the case of the complainant that inspite of completing all formalities as required by opposite parties and approaching them again and again, by giving representations time to time, the authorized signatories of the complainant have not been permitted to operate the bank account after de-freezing the same. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of opposite parties, the complainant has filed the instant consumer complaint. 
2.     Opposite parties contested the consumer complaint. Opposite parties in their written reply stated that originally a society was incorporated under the name and style of St. Thomas Educational Society, Jagadhari, District Yamuna Nagar, which was registered under the Haryana Registration and Regulation of Societies Act, 2012 vide registration No.00609 dated 24.08.2015 with its registered office at Jagadhari, District Yamuna Nagar, in the State of Haryana. The complainant school i.e. St. Thomas School, Civil Lines Road, Gopal Nagar, Gomati Mohalla, Jagadhari used to be run by the said Society as per Rules and Regulations framed by the said Society. Further stated that on 26.08.2015, the said registered society authorized Dr.A.D.Lyall (2)Mr.Suresh Martin Chauhan (3)Mr. Noel Surandre Dass and (4)Mr. James Prashar of complainant school to open a bank account bearing account no.50100117060303 ID No.6398161 in the name of St. Thomas SchooL, Jagadhari, in the bank of OP No.1. Further stated that since one more society under the same name and style i.e. St. Thomas Educational Society already stood registered under the Societies Registration Act, 1860 vide registration no.63969 dated 26.11.2008 by Registrar of Societies, Delhi, hence, the registration of the society which was registered under the Haryana Registration & Regulation Act of Societies, 2012 with its registered office at Jagadhari, District Yamuna Nagar, therefore, its registration by the State Registrar of Societies of Haryana was cancelled vide order dated 26.09.2018 on the ground that a Society cannot be registered under the HRS Act, 2012 with a name which is similar/identical to name of any organization/society which is already registered under any law in force. Further stated by opposite parties in their reply that after cancellation of Registration of St.Thomas Educational Society (regd.), the complainant school has failed to establish its entity as to whether it is an individual society, partnership or company & also failed to provide its Constitution & as to whom the money deposited in the said bank account actually belonged. The money which was deposited or is being deposited is in the account which is in the name of St. Thomas Educational Society, whereas the complainant, which is the school only, claims to be the lawful owner of the said money. Pleading that there is no deficiency in service or unfair trade practice on their part, opposite parties prayed for dismissal of the complaint.
3.     The complainant filed rejoinder/ replication to the written reply of opposite parties and reiterated averments made in the consumer complaint.
4.     Parties led evidence by way of affidavits and documents.
5.     We have heard the counsel for the parties and gone through the record of the case, including the written arguments. After appraisal of record, our findings are as under:-
6.     It is observed that originally a Society was incorporated under the name and style of St.Thomas Educational Society, Jagadhari, District Yamuna Nagar, which was registered under the Haryana Registration and Regulation of Societies Act, 2012 vide registration No.00609 dated 24.08.2015 with its registered office at Jagadhari, District Yamuna Nagar, in the State of Haryana. The complainant’s school i.e. St.Thomas School, Civil Lines Road, Gopal Nagar, Gomati Mohalla, Jagadhari used to be run by the said Society as per Rules and Regulations framed by the said Society. It is also observed that on 26.08.2015 the said registered society authorized Dr.A.D.Lyall (2)Mr.Suresh Martin Chauhan (3)Mr. Noel Surandre Dass and (4)Mr. James Prashar of complainant school to open a bank account bearing account no.50100117060303 ID No.6398161 in the name of St. Thomas SchooL, Jagadhari, in the bank of OP No.1. It is further observed that the registration of the said society which was registered under the Haryana Registration & Regulation Act of Societies, 2012 with its registered office at Jagadhari, District Yamuna Nagar, its registration was cancelled vide order dated 26.09.2018 by the State Registrar of Societies, Haryana on the ground that a Society cannot be registered under the HRS Act, 2012 with a name which is similar/identical to name of any organization/society which is already registered under any law in force (Annexure OP-2). It is also observed that before cancellation of the Registration of St.Thomas Education Society, Jagadhari, the said society filed a Civil Writ Petition i.e. CWP No.25261 of 2018 in the Hon’ble Punjab and Haryana at Chandigarh, against Director General of Societies, Haryana, State Registrar of Societies, Department of Industries & Commerce Haryana, District Registrar of Societies, District Yamuna Nagar, Haryana, St.Thomas School, Jagadhari & State of Haryana, wherein, it was prayed that a Writ in the nature of Mandamus directing respondent No.1 to entertain and adjudicate the appeal bearing No.212/RGSH dated 12.12.2017 filed under Section 79 of the Haryana Registration and Regulation of Societies Act, 2012. It is also observed that, a Civil Suit was also filed i.e. Civil Suit No.2151 of 2015 by the said Society against number of persons for possession under Section 5 & 6 of Specific Relief Act, 1963 & for Permanent and Mandatory Injunction & Declaration which was later on withdrawn vide order dated 16.05.2019 (Annexure OP-5). We are of the view, that after cancellation of Registration of St.Thomas Educational Society (regd.), the complainant school has failed to establish its entity as to whether it is an individual society, partnership or company & also failed to provide its Constitution & as to whom the money deposited in the said bank account actually belonged. The money which was deposited or is being deposited is in the account which is in the name of St. Thomas Educational Society, whereas the complainant, which is the school only, claims to be the lawful owner of the said money. It is also observed that the society St.Thomas Educational Society (Regd.), is having its registered office at Jagadhari, District Yamuna Nagar, school is also situated at jagadhari, District Yamuna Nagar and St.Thomas School is also situated at Jagadhari, District Yamuna Nagar, moreover amount is also lying deposited in OP No.1 having its branch at Jagadhari, District Yamuna Nagar, hence, we are of the concerted view that this Ld. Commission, at Chandigarh has no jurisdiction to try and decide the present complaint as per law laid down by Hon’ble Supreme Court of India in (2010) 1 SCC Sonic Surgical Vs. National Insurance Co. Ltd. It is also observed that at present the said account i.e., account bearing No.50100117060303, ID No.6398161 in the name of St.Thomas School, Jagadhari has been kept at “No debit status” & the complainant has already been asked by the OP's to submit certain documents which the complainant has failed to submit. We are also of the view that the complainant has miserably failed to establish its entity as to whether it is an individual, partnership, trust or company. We are of the view that the complainant school has not provided its Registration certificate issued by any State/Central Government/Regulatory Authority and bye-laws.
7.     In view of the aforesaid discussion and the reasons recorded hereinbefore, we do not find any deficiency in service or unfair trade practice on the part of the Opposite Parties. Accordingly, the consumer complaint, being meritless, is hereby dismissed, leaving the parties to bear their own costs.
8.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

 

	Sd/-		Sd/-
30/06/2022	[ Suresh Kumar Sardana ]		[ Surjeet Kaur ]
as	Member		Presiding Member