SURJIT SINGH OBEROI Vs. BANK OF INDIA

JUDGEMENT

(1.) Concurrent findings of two fora below are assailed in this revision. The petitioner in person argued before us that he had pledged 4 shares on the basis of which the credit limit was required to be fixed, but the OP had considered only 3 shares while fixing the credit limit. He has placed letter dated 25.4.2002 of the OP whereby the credit limit was fixed at Rs.98,000/- w.e.f. 1.4.02. The case of the petitioner is that he had issued a cheque for Rs.70,000/- on 31.1.2003, but it was returned on account of "insufficient funds" by the OP on 4.2.2003. From whatsoever papers, which have been filed before this Commission, it appears that the credit limit was being reviewed from time to time. What is relevant is the credit limit, which was sanctioned by the OP to the petitioner, which was prevalent at the time when the cheque was issued and dishonoured. The petitioner has not filed either the pleadings before the Consumer Forum or the relevant documents for the purpose of examination of the matter at admission stage. Accordingly, we deem it necessary that the record and proceedings of Consumer complaint No.38/21.1.2005 in the case of Surjit Singh Oberoi Vs. Bank of India, which was decided by the Consumer Forum on 25.4.2007, be called from the Consumer Forum, Ludhiana. Once the records are received, the matter shall be considered for the purpose of admission of the matter. The matter be listed on direction board on 29th October, 2010. The petitioner be intimated of this order.