NAND LAL DHINGRA Vs. BANK OF BARODA

JUDGEMENT

(1.) THE complainant Shri Nand Lal Dhingra has filed this appeal against the order dated 24.2.2007 passed in his complaint case No. 774/06,by the District Forum (East) Saini Enclave, Delhi dismissing his complaint on the ground that the complaint does not constitute consumer dispute, that it is barred by limitation and that complainant failed to prove his allegations.

(2.) THE Appellant has assailed the impugned order mainly on the following grounds: The learned District Forum got engrossed into other issues of the Bank and overlooked the status of complainant as a consumer and his deposit lying with the Respondent Bank. The documents filed by respondent before the learned District Forum clearly show that on 16.9.1995 FDR of Rs. 2,04,000 was made in Saving Account No. 987 of complainant and statement dated 15.11.2006 shows that there was a balance of Rs. 2,93,509.50 on 13.7.2006 (annexed with this appeal).

(3.) FACTS as alleged in the complaint by the appellant were that he was having a Saving Bank Account No. 987 with the erstwhile Bank i.e. Bareilly Corporation Bank merged later on with OP that the appellant got issued / prepared two demand drafts worth Rs. 3,50,000 from the aforesaid account in favour of certain parties. But the drafts were misplaced by the complainant. The incident occurred in 1993 -94. The complainant requested OP to cancel the misplaced drafts and issue him two new demand drafts of Rs. 3,50,000 . The OP sought the security of two lakh. The complainant furnished the security as demanded. The OP issued two new demand drafts to the complainant in favour of parties desired by the complainant. After expiry of validity of two demand drafts issued at the first instance the complainant demand the security amount of Rs. 2,00,000 back. But the OP avoided the payment of Rs. 2,00,000 which was deposited by the complainant as security for issuance of two demand drafts in lieu of misplaced demand drafts despite, several visits, letters, reminders and legal notice of the Counsel. The complainant prayed for directions to OP to return the security amount of Rs. 2,00,000 with interest, cost and compensation.