Punjab National Bank vs JOGI RAM JAIN

M/s. Skipper Construction Co. (P) Ltd., New Delhi, floated a scheme for construction and allotment of flats in 1991. Jogi Ram Jain deposited a sum of Rs. 10,000/- on 14.2.91 with Punjab National Bank, Sector 19/C, Chandigarh. It appears that the respondent No. 2 failed to construct the flats. Jogi Ram Jain instituted a complaint for recovery of Rs. 10,000/- together with interest. The District Forum, Chandigarh, ordered refund of Rs. 10,000/- together with interest @ 18% p.a. on 13.6.95 and according to it this amount was recoverable not only from builders but also from Punjab National Bank as well through whom the aforesaid sum was remitted. Aggrieved against it the Punjab National Bank has preferred the present appeal.

A perusal of the complaint which was in fact in the form of a simple letter shows that the complainant claimed relief against M/s Skipper Construction Co. (P) Ltd., New Delhi and no relief was claimed against the Punjab National Bank. The letter dated 4.7.94 issued by Punjab National Bank shows that the sum in question was received by the Bank for the aforesaid construction Company . Thus it is a case where there was no apparent deficiency on the part of the Bank. The dispute was between the coloniser and the customer. M/s. Skipper Construction Co. (P) Ltd., respondent No. 2 is not an appellant here, this construction Company is not entitled to any relief in the present proceedings notwithstanding the fact that a notice was issued to its Director as well.

After perusal of the record and hearing the appeal is accepted. The impugned order is hereby set aside only qua the Punjab National Bank, Sector 19/C, Chandigarh and with this modification the appeal stands disposed of.

ANNOUNCED. The order be communicated to the parties free of charges. Appeal accepted.