BALJIT KAUR DHALIWAL vs R.J.S. DHILLON

MRS. Baljit Kaur Dhaliwal, MRS. Varyam Kaur Trewn, Mr. Dalbara Singh and Lt. Col. Tarlochan Singh instituted this complaint alleging that they had deposited various sums of money with Prabhat Finance & Investment Limited, Amritsar but it has not been refunded despite their demand. Dr. D.S. Dhillon alleged to be incharge of the Chandigarh branch of respondent No. 1 is residing at Chandigarh for this reason the complaint has been instituted at Chandigarh. The respondent Nos. 1 and 2 have been proceeded ex parte. The New Bank of India (now merged in Punjab National Bank), respondent No. 3 only could be served and its reply has been placed on record.

A perusal of the complaint and details of the deposits outstanding against Prabhat Finance & Investment Limited, Amritsar given in Appendix ''D'' contains some relevant information and a perusal thereof shows that a sum of Rs. 16,760/- was deposited by Mrs. Baljit Kaur Dhaliwal, complainant No. 1, a sum of Rs. 1,700/- by Mrs. Varyam Kaur Trewn, complainant No. 2, a sum of Rs. 25,300 /- by Mr. Dalbara Singh, complainant No. 3 and Rs. 1,400/- by Lt. Col. Tarlochan Singh, complainant No. 4. The dates of deposits and the amount on which the aforesaid sums were recoverable were altogether different. The total amount pertaining to the four depositors was Rs. 45,160/- and at any rate it was less than Rs. 1 lakh. The total sum referred to above was within the pecuniary jurisdiction of the District Forum and not of this Commission. Besides this the depositors are different, the dates of deposit starting from 29.10.1988 and the dates on which the deposits were recoverable were altogether different. It was expected that each complainant should have filed a separate complaint.

We have gone through the details given in Appendix ''D'' which pertain to the outstanding arrears of pay the complainants are claiming from the respondents which are as under: (i)Mrs. Baljit Dhaliwal Field Officer, (from 1.2.1990 to 31.12.1990) Rs. 8,800/- (ii)Mrs. Harbans Kaur, Field Officer (from 1.2.1990 to 31.12.1990) Rs. 8,800/- (iii)Mr. Amandeep Singh Field Officer, (from 1.2.1990 to 31.12.1990) Rs. 8,800/- (iv)Lt. Col. Kartar Singh, Branch Manager (from l-2.1990 to 4.10.1990) Rs. 13,200/- (v)Mr. Nirmal Singh, Administrative Officer (on account of security deposits) Rs. 20,000/- Besides this the security deposit of Rs. 5,000/- allegedly made by Mrs. Baljit Dhaliwal, Rs. 5,000/- by Mr. Dalbara Singh, Rs. 7,000/- by Mrs. Harbans Kaur, Rs. 5,000 / - by Mr. Amandeep Singh and Rs. 20,000/- by Lt. Col. Kartar Singh, have also been claimed. This would go to show that the total amount which could be claimed before the District Forum was less than rupees one lakh and this was not within the jurisdiction of this Commission and constituted misrepresentation. All this also shows that it is a case of gross misjoinder of causes of action and parties.

THE pleas taken up by respondent No. 3 are that in fact the premises were sealed under the order of the District Magistrate, Amritsar and the proceedings were also pending with Tehsildar-cum-Assistant Collector, I Grade, Amritsar in respect of the proceedings initiated there. Besides this a reply of New Bank of India now merged in the Punjab National Bank, shows that C.W.P. No. 9608 of 1991 was also moved in the Punjab & Haryana High Court in respect of the recoveries which were outstanding against respondent Nos. 1, 2 & 3. THE complainants have concealed this fact when they instituted this complaint on 31.3.1992. After considering all these facts, we are of the view that the complaint in its present form is not maintainable before this Commission and for the aforesaid reasons, it is rejected and stands disposed of.

ANNOUNCED. Complaint rejected. ______________