Sri Shyamal Gupta, Member

Aggrieved with the decision of the Ld. District Forum which has allowed the complaint case, this Appeal is filed by Allahabad Bank, the OPs.

Brief facts of the complaint case are that he took two loans from the OP Bank against pledging of some of his FD certificates.  The complaint case was filed alleging various irregularities in respect of the said certificates.

The OPs contested the  case by filing WV wherein they denied all material allegation of the complaint.   The OPs denied that there was any irregularity in handling the subject FD certificates.

Decision with reasons

Heard both sides and gone through the documents on record.

It is firstly argued by the Ld. Advocate for the Appellant that the instant complaint case was not maintainable as it was hit by limitation. However, appreciation of documentary evidence on record shows that it was not so.  It seems, dispute regarding the concerned FD certificates is going on for pretty long time.  The Appellants vide letter dated 15-12-2009 informed the Respondent that all the concerned FD certificates were either renewed or proceeds had been credited to the savings account of the Respondent.  Subsequently, the Respondent lodged complaint with the office of the Consumer Affairs & Fair Business Practices for resolving the dispute through mediation.  However, as nothing positive emerged out of such endeavour, the said office vide its letter dated 28-03-2012 advised the Respondent to move a complaint case which was filed before the Ld. District Forum on 26-04-2012.  Thus, we find that the Respondent had all along been very diligent in pursuing his grievance towards its logical end. Accordingly, it does not seem to us that the complaint case was hit by limitation.

Other technical issues pertaining to the petition of complaint being raised by the Ld. Advocate for the Appellants are also found to be totally misplaced.  Take for example the allegation that the petition of complaint was not verified by the Respondent.  On a reference to the petition of complaint on record, it transpires that the same was supported by affidavit from the side of the Respondent.  In our considered opinion, this was suffice to meet the basic requirement of filing a complaint case.

As regards merit, we must put on record our sincere appreciation to the hard work done by the Ld. District Forum in dealing with the bone of contention between the parties.  It appears that the Ld. District Forum dealt with every possible aspect of the case without making any attempt to skirt the same.  In appreciation of such lucid discussion, we do not feel the necessity of reopening the same.  We are fully at one with the findings of the Ld. District Forum. In fact, we find that the Appellants too have not made any concerted efforts to pick up hole with the findings/observation of the Ld. District Forum.

Overall, we find no merit in this Appeal.

Hence,

O R D E R E D

The Appeal stands dismissed on contest against the Respondent.  The impugned order is hereby affirmed. No order as to costs.