JASPREET SINGH Vs. ICICI HOME FINANCE CO. LTD

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner/complainant against the order dated 23.11.2012 passed by the Punjab State Consumer Disputes Redressal Commission, Chandigarh (in short, 'the State Commission ') in Appeal No. 1843 of 2009 - Jaspreet Singh Vs. ICICI Home Finance Co. Ltd. by which, while dismissing appeal, order of District Forum dismissing complaint was upheld.

(2.) BRIEF facts of the case are that complainant/petitioner filed complaint before District Forum and submitted that complainant was joint holder of 28 FDRs along with his wife Smt. Lata Singh. These FDRs were matured on 29.9.2008. Complainant deposited original FDRs on 1.9.2008 for release of maturity amount, but he came to know that Rs.7.52 lakhs FDR amount has already been withdrawn before the date of maturity on 9.11.2006 without any consent or signatures of the petitioner on the basis of forged and fabricated documents with the connivance of Smt. Lata Singh and officials of OP/respondent. Alleging deficiency on the part of OP, complaint was filed. OP resisted complaint and submitted that complainant has not come with clean hands and has suppressed material facts. It was further submitted that Smt. Lata Singh has already taken payment and for the purpose of taking double payment in connivance with Smt. Lata Singh, the complainant has filed this complaint. Lata Singh has not been impleaded as a party; hence, complaint be dismissed. Learned District Forum after hearing both the parties, dismissed complaint against which, appeal filed by the petitioner was dismissed by the learned State Commission vide impugned order against which, this revision petition has been filed.

(3.) LEARNED Counsel for the petitioner submitted that respondent has released payment on the basis of duplicate FDRs obtained by forged signatures of the complainant; hence, revision petition be admitted.