STATE CONSUMER DISPUTES REDRESSAL COMMISSION,        PUNJAB, CHANDIGARH.

  First Appeal No.113 of 2019                                                    

                                                                                                Date of institution  : 11.03.2019   

                                                                                   Date of Decision     : 13.03.2019

Surnpreet Kaur aged about 43 years W/o Nardev Singh S/o Nar Singh R/o V.Poohli, District Bathinda.

….Appellant/Complainant

Versus

1. The Poohli Multipurpose Co-operative Agri Service Limited, Poohli District Bathinda through its Secretary.
2. The Registrar Co-operative Societies, Punjab, Sector 17, Chandigarh.

                                                    ….Respondents/Opposite Parties

First Appeal against the order dated 27.02.2019 of the District Consumer Disputes Redressal Forum, Bathinda.

Quorum:- 

          Hon’ble Mr. Justice Paramjeet Singh Dhaliwal, President

              Ms. Kiran Sibal, Member

Present:-

          For the appellant          :    Sh.Rohit Kumar, Advocate

JUSTICE PARAMJEET SINGH DHALIWAL,  PRESIDENT  

          Heard.

          This appeal has been preferred against the interim order dated 27.02.2019 passed in Execution Application No.92 of 2017 before the District Consumer Disputes Redressal Forum, Bathinda (in short “District Forum”).

2.      Facts of the case are not necessary as the challenge is to the interim order vide which account of respondents/JDs in the Execution Application has been attached.

3.      The only contention of learned counsel for appellant/DH is that amount lying in the account bearing No.022634002100002  i.e. Rs.59,96,738/- has been attached whereas, the District Forum should have attached specified amount even including the interest claimed in the Execution Application. In these circumstances, we deem it appropriate to dispose of the appeal at this stage without issuing notice to the respondents/JDs since in the Execution Application the issue is of only attachment of account of JDs i.e. OP/JDs.

4.      In the facts and circumstances of the case, we are of the view the account of respondents/JDs bearing No.022634002100002 to the extent of Rs.1,99,500/- + interest as per the order passed in the Consumer Complaint is to be attached and draft of said amount is to be sent to the District Forum by the said Bank.

5.      Accordingly, the appeal is allowed and aforesaid account of respondents/JDs is attached to the extent stated above and the Bank is directed to send Demand Draft of the said amount to the District Forum. It is made clear that if the amount lying in the account of respondents/JDs is less than the decretal amount then Demand Draft of available amount which is lying in the said account be issued and specific affidavit be filed by the Manager of the concerned Bank that amount lying is only to that extent. It is further made clear that other accounts of the respondents/JDs shall also be disclosed by the Manager of the Bank in the said affidavit.

                             (JUSTICE PARAMJEET SINGH DHALIWAL)

                                                           PRESIDENT     

                                                      (KIRAN SIBAL)

                                                           MEMBER

March 13, 2019.                                                    

Rupinder 2