PUNJAB NATIONAL BANK Vs. SHIV KUMAR

JUDGEMENT

(1.) This revision petition under section 21 (b) of the Consumer Protection Act, 1986 ( for short, 'the Act') has been filed by the petitioner against the order dated 07.12.2017 of the Uttarakhand State Consumer Disputes Redressal Commission, Dehradun (for short, 'the State Commission') in First Appeal no. 102 of 2015 of the petitioner wherein the order of the District Consumer Disputes Redressal Forum, Haridwar ( for short, 'the District Forum') dated 01.05.2015 in complaint no. 331 of 2012 was upheld.

(2.) The brief facts as stated by the complainant in his complaint are that on 23.06.2012, he had deposited a sum of Rs.4,00,000/- in his account against a duly executed receipt by the petitioner. However, the said amount of Rs.4,00,000/- was not shown deposited in his account. The complainant contacted the Branch Manager who told that the dealing cashier / clerk has not shown the amount in his account. The complainant contended that this amounts to deficiency in service that despite deposit of money by him, money was not credited in his account and filed the complaint.

(3.) The petitioner contested the complaint and filed its written version. The plea taken by them was that complainant has not made the cashier a necessary party and that on complaint being made, the petitioner had lodged a criminal case against the bank official, namely, Sh. Rajendra. It is further contended that that there is no entry in the ledger of the bank regarding deposit of the amount by the complainant and that complainant has not deposited the amount with the cash counter of the bank. It was further contended that complainant was having some relation with delinquent officer of the bank and they have made some outside transaction in collusion. It is submitted that there was no deficiency in service on their part and complaint was liable to be dismissed.