KIRAN GUPTA Vs. BARAN NAGRIK SAHAKARI BANK LTD

JUDGEMENT

(1.) THIS appeal has been filed by the complainant appellant against order dated 11.10.06 passed by the District Forum, Baran in complaint no. 32/2004 by which the complaint of the complainant appellant was dismissed.

(2.) IT arises in the following circumstances -

(3.) IN this appeal the main contention of the learned counsel for the complainant appellant is that since the FDR in question was joint in the name of the complainant as well as Brijgopal Gupta and since no notice was given to the complainant appellant prior to making the payment to the Income Tax Deptt., therefore, there was deficiency in service on the part of the respondent bank in remitting the substantial amount to the Income Tax Department as there was no dues against the appellant, therefore, the complainant appellant was entitled to half amount of the FDR in question and the District Forum had committed serious error and illegality in dismissing the claim of the complainant appellant. Hence the impugned order could not be sustained and liable to be quashed and set aside and this appeal deserves to be allowed.