Tribunals and Commissions(2001) 09 NCDRC CK 0064

PUSPSONIC RAJENDRA MOHAN VERMA PROPINDUSTRIES vs Branch Manager, State Bank of India

National Consumer Disputes Redressal Commission · Decided on 14 September 2001 · Citation: 2002 2 CPC 74 : 2002 2 CPJ 126 : 2002 2 CPR 37 : 2002 3 CLT 646

HON’BLE JUDGES
D.P.Wadhwa , C.L.Chaudhry , J.K.Mehra , Rajyalakshmi Rao , B.K.Taimni J.
RESULT
Revision Petition dismissed

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Judgment

2 paragraphs · 333 words
1.

COMPLAINANT is the petitioner before us. He moved the District Forum, Bhojpur at Arrah in the State of Bihar claiming over Rs. 5.00 lakhs as damages on account of alleged deficiency in service by the respondents-Bank. Complaint was filed on 6.12.1993 while the respondents-Bank had initiated certificate proceedings for recovery of the amounts due to the Bank from the petitioner. The order of the Certificate Officer is dated 5.5.1992. Petitioner also sought various directions to the respondents-Bank. In spite of the fact that the claim made in the complaint exceeded Rs. 5.00 lakhs yet the District Forum took cognizance of the matter and directed the respondents-Bank to pay to the petitioner Rs. 50,000/- as compensation apart from a direction to the respondents-Bank to credit the amount of Rs. 98,806/- to the credit of the petitioner as on 1.7.1997, to pay interest thereon @ 15% per annum till credit was effected and to pay interest @ 18% per annum thereafter. Rs. 2,000/- was awarded as cost to the petitioner.

2.

APPEAL filed by the opposite parties before the State Commission was allowed. The order of the District Forum was set aside. State Commission also observed that once the order having been passed by the Certificate Officer in favour of the Bank as on 5.5.1992, filing of the complaint was certainly as a counter blast. Now it is complainant who is aggrieved and filed this petition under Clause (b) of Section 21 of the Act. This revision petition is dismissed. We are really surprised as to how District Forum could at all take cognizance of the case when it had no jurisdiction. District Forum is presided by former District Judge. It is surprising he and other two members were not aware of the jurisdiction. We need not comment on the proceedings of the District Forum as to how the District Forum came to pass the order which was rightly set aside by the State Commission but we must express our unhappiness. Revision Petition dismissed.