ORDER

Date of order:  09-03-2018

S.K.Sinha,President       

                           Dismissing the complaint with liberty to file complaint again after final investigation of the fact of theft. However, the above order is passed by two members of the Forum. The President of the Forum dismissed the case, since, the present status of the criminal case pending before CJM is not brought on record.

2.                       Complaint is to the effect the complainant had obtained loan of Rs. 4,00,000/- (Rupees four lacs) only from the Bank for running the business general store. The loan was secured by the Fixed Deposit of the complainant. It is alleged that a theft was committed in the shop in which articles of the shop worth more than Rs. 6,00,000/- (Rupees six lacs) only was stolen. The police case lodged. The police submitted the report that the fact of theft is not rule. However, on protest the Judicial Magistrate took cognizance of the offense under section 379 of the Penal Code which is pending.

3.                        The Insurance Company as also the Bank contested the case and sought for dismissal of the case.

4.                         The District Forum taking in to consideration of the aforesaid fact of pendency of the case passed the impugned order.

5.                         We have considered the case of the parties and heard the respective submissions. The District Forum has passed the order, since the status of the criminal case was not brought on record by way of evidence. In such circumstances, we set aside the impugned order and remand the matter to District Consumer Forum, Purnea for passing a fresh order after giving opportunity to both the sides to adduce evidence.

6.                      The appeal stands allowed as above.

Renu Sinha                               Upendra Jha                         S.K.Sinha

Member (F)                               Member (M)                         President

           Anita