1        The present application has been filed by Prabhjot Kaur daughter of Jasbir Singh resident of village Khabe Rajputan, P.O. Kairon, Tehsil and District Tarn Taran against Branch Manager Punjab National Bank, Branch Patti for issuance of direction to Branch Manager, Punjab National Bank Patti for release of F.D amount bearing consumer ID No. ADRO11608 and account No. 038200PU00001843 to applicant on attaining majority on dated 1.1.2019 by alleging that the case titled Jasbir Kaur Vs Trehan Nursing Home etc. Was decided by the District Forum (now Commission)  Amritsar vide order dated 20.2.2007. Against the said order both the parties filed appeals before the Hon’ble State Commission, Punjab, Chandigarh and the said appeals were dismissed by the Hon’ble State Commission, Punjab vide order dated 19.7.2012 and the order of District Consumer Disputes Redressal Commission, Amritsar was upheld. The District Consumer Commission directed the respondents to deposit an amount of Rs. 1,00,000/- in the name of applicant in the form of fixed deposit and also directed the bank not to release the said amount without the express permission of the Commission. The respondents accordingly deposited the amount in the bank as the complainant filed execution No. EA82/12 which was decided on 11.1.2013. As now the applicant has attained majority and is in need of money for her higher education, so the applicant requires the Commission to give directions to the Manager Punjab National Bank Patti to release the amount of the FDR to the applicant and prayed that directions be issued to the Branch Manager, Punjab National Bank Patti to release of FD (fixed deposit) amount bearing customer ID No. ADRO11608 and account No. 038200PU00001843 to the applicant on attaining majority.

2        Sh. Kulwant Singh Advocate appeared on behalf of Bank/ respondent and filed reply to the application by taking preliminary objections that the present application against the opposite party No. 1 Punjab National Bank is not legally maintainable. The opposite party No. 1 Punjab National Bank had deposited the said amount in the shape of FDR in the name of minor through her guardian Jasbir Singh.  The opposite party No. 1 Punjab National Bank has never refused to release the amount but as per record of the bank, the guardian of the minor is entitled to collect/ receive the said amount that too with the directions of the Commission. The main consumer complain t was decided on 20.2.2007 and execution application was also decided on 11.1.2013 by the District Consumer Disputes Redressal Commission, Amritsar. Thus the District Consumer Disputes Redressal Commission, Tarn Taran has got no jurisdiction to entertain, try and decide the present application. On merits, it was pleaded that said amount in the shape of FDR has been deposited in the name of minor Ms. Prabhjot Kaur daughter of Jasbir Singh through her guardian Jasbir Singh. So the said guardian of the minor is entitled to receive the said amount of the FDR from the bank on the date of its majority and as per directions/ order passed by the Commission. The attested copy of the account of applicant is Ex. OP1/B. The applicant has filed the false application against the opposite party No.1/ Punjab National Bank which is otherwise legally not maintainable. It is, therefore,  respectfully prayed that the present application may kindly be dismissed with costs.

3        We have heard the Ld. counsels for the parties and have gone through the record.

4        In the present application, the undisputed facts are that the amount of Rs. 1,00,000/- has been deposited in the name of applicant Prabhjot Kaur in the shape of FDR as per order passed by the Hon’ble District Consumer Disputes Redressal Commission, Amritsar under the guardianship of Jasbir Singh. In the reply, it is also pleaded by the respondent that they are ready to release the amount in question as per directions of the Commission.

5        In the present case the only objection taken by the respondent is that the main complaint has been decided by the District Consumer Disputes Redressal Commission, Amritsar on 20.2.2007. It is hereby made clear that in the year 2007 District Consumer Disputes Redressal Commission, Tarn Taran was not in existence and after creation of new District Tarn Taran, District Consumer Disputes Redressal Commission, Tarn Taran was started in the last month of 2008. Therefore, the main case was entertained and decided by District Consumer Disputes Redressal Commission, Amritsar. 

6        In the reply, the respondent has also taken objection that the execution application was decided on 11.1.2013 by the District Consumer Disputes Redressal Commission, Amritsar. But perusal of execution attached with this execution shows that previously the execution was instituted at District Consumer Disputes Redressal Commission, Amritsar and on 26.9.2012, the execution was transferred to the District Consumer Disputes Redressal Commission, Tarn Taran with the direction to the complainant to appear before the District Consumer Commission, Tarn Taran on 10.10.2012 and later on the execution was decided on 11.1.2013 by District Consumer, Disputes, Redressal Commission, Tarn Taran. As such, the objection of the respondent that the execution was deiced by District Consumer Disputes Redressal Forum(Commission) Amritsar is wrong. Rather the same was deiced by District Consumer Disputes Redressal Commission Tarn Taran. Moreover, the applicant resides at village Khabbe Rajputan Tehsil and District Tarn Taran and Punjab National Bank Branch Patti is also situated within District Tarn Taran and the matter in question relates to District Tarn Taran, consequently, this Commission has got the jurisdiction to try and entertain the present application. The applicant has attained majority and in support to her version, the applicant has placed on record her birth certificate which shows her date of Birth as 1.4.2001 and as per pleadings in the application, the money is required for higher education of the applicant.

7        In view of ibid discussion the respondent/ Branch Manager, Punjab National Bank Branch, Patti is directed to release the amount of FDR to the applicant (Prabhjot Kaur) after fulfilling all formalities by the applicant and as per law within one month. Accordingly, the present application is disposed off. Copy of order be supplied to the parties as per rules. File be consigned to record room .

Pronounced in Open Commission

1.7.2021