E G Pharmaceuticals vs STATE BANK OF PATIALA

IN deference to our order dated 20.01.2015, the President of the Haryana State Consumer Disputes Redressal Commission at Panchkula (for short "the State Commission") has sent his report, wherein it is stated that since on 23.01.2013 Dr.Rekha Sharma was on leave, the case was decided by Shri Diwan Singh Chauhan, Member, sitting singly, in terms of the authorization issued by the President on 12.05.2011.

IN view of the said report, the technical objection, raised on behalf of the Appellant, relating to the jurisdiction of the said Member, is rejected.

IN this Appeal filed by the Complainant, calling in question the correctness and legality of order dated 23.01.2013 passed by the State Commission in Complaint No. 17 of 2009, the short question for consideration is as to whether or not the State Commission was justified in dismissing the Complaint and relegating the Complainant to a remedy before the Civil Court only on the ground that in the prayer made in the Complaint the conduct of Opposite Party No.5 was one of cheating, criminal breach of trust and criminal misappropriation of property in criminal conspiracy. Having carefully perused the Complaint and the written versions filed on behalf of the Opposite Parties and bearing in mind the nature of the relief claimed in the Complaint, which has been extracted in the impugned order, we are of the view that the State Commission was not justified in non -suiting the Complainant on the afore -stated short ground. The main question for consideration before the State Commission was as to whether there was any deficiency in service on the part of the Opposite Parties No. 1 to 3 in reversing the entry, which was initially in favour of the Complainant on realization of the proceeds against Letter of Credit (LC) opened by Opposite Party No.5. In our view, this issue had to be decided de hors the allegation of criminal breach of trust or cheating against Opposite Party No.5.

CONSEQUENTLY , the Appeal is allowed; the impugned order is set aside; and the Complaint is restored to the board of the State Commission for adjudication on merits.

THE parties/their Counsel are directed to appear before the State Commission on 28.05.2015 for further proceedings.