Complaint No. 5/2008.
Date of Decision 5.1.2010.
In the matter of:
Shri Dorje Namgial son of Shri Tashi Tandup,
R/o VPO & Tehsil Kaza, Distt. Lahaul Spiti, HP.
… … Complainant.
1. The Managing Director, the Kangra Central Co-operative
Bank Ltd., Kangra at Dharamshala, Distt. Kangra, HP;
2. The Manager, the Kangra Central Co-operative
Bank Ltd., Kaza Branch, VPO & Tehsil Kaza,
Distt. Lahaul Spiti, HP.
… … Opposite parties
Hon’ble Mr. Justice Arun Kumar Goel (Retd.), President.
Hon’ble Mrs. Saroj Sharma, Member.
Hon’ble Mr. Chander Shekhar Sharma, Member.
Whether approved for reporting? No.
For the Complainant: Mr. B.S. Thakur, Advocate.
For the Opposite parties. Mr. K.C. Sankhyan, Advocate vice counsel
Mr. Bhuvnesh Sharma, Advocate.
O R D E R
Justice Arun Kumar Goel (Retd.), President (Oral).
When this matter was taken up for consideration, it was stated at the bar by Mr. Thakur, learned counsel for the complainant that this complaint may be ordered to be returned to him for presenting it before the appropriate forum looking to the controversy involved in it.
2. After having gone through the contents of the complaint, even we are of the view that the complaint has been overvalued which practice has always to be deprecated. In these circumstances we are of the view that this complaint needs to be returned to the complainant through his learned counsel for being presented before appropriate forum having jurisdiction in accordance with law.
3. Complainant will be entitled to re-represent this complaint before District Forum alongwith a prayer for condonation of delay if any, in presenting the same. Learned counsel for the OPs stated that he has no objection for the return, as well as its representation before the Forum as per law. We have no doubt in our mind, that as and when such an application is filed, District Forum below will favourably consider it keeping in view the fact that the complainant was bonafide prosecuting the complaint before this Commission as per legal advise.
Learned counsel for the parties have undertaken to collect copy of this order from the Court Secretary free of cost as per rules.