LAWS(NCD)-2015-4-134

E G PHARMACEUTICALS Vs. STATE BANK OF PATIALA

Decided On April 29, 2015
E G Pharmaceuticals Appellant
V/S
STATE BANK OF PATIALA Respondents

JUDGEMENT

(1.) IN deference to our order dated 20.01.2015, the President of the Haryana State Consumer Disputes Redressal Commission at Panchkula (for short "the State Commission") has sent his report, wherein it is stated that since on 23.01.2013 Dr.Rekha Sharma was on leave, the case was decided by Shri Diwan Singh Chauhan, Member, sitting singly, in terms of the authorization issued by the President on 12.05.2011.

(2.) IN view of the said report, the technical objection, raised on behalf of the Appellant, relating to the jurisdiction of the said Member, is rejected.

(3.) IN this Appeal filed by the Complainant, calling in question the correctness and legality of order dated 23.01.2013 passed by the State Commission in Complaint No. 17 of 2009, the short question for consideration is as to whether or not the State Commission was justified in dismissing the Complaint and relegating the Complainant to a remedy before the Civil Court only on the ground that in the prayer made in the Complaint the conduct of Opposite Party No.5 was one of cheating, criminal breach of trust and criminal misappropriation of property in criminal conspiracy.