Sikkim

StateCommission

CA/03/2015

The Branch Manager, HDFC Bank,Gangtok,Branch,MG Marg,Gantok - Complainant(s)

Versus

Shri Thendup Bhutia & others - Opp.Party(s)

12 Aug 2015

ORDER

Sikkim State Consumer Disputes Redressal Commission
GANGTOK, EAST SIKKIM.
 
First Appeal No. CA/03/2015
( Date of Filing : 18 Apr 2015 )
(Arisen out of Order Dated in Case No. of District )
 
1. The Branch Manager, HDFC Bank,Gangtok,Branch,MG Marg,Gantok
Gangtok,Sikkim
...........Appellant(s)
Versus
1. Shri Thendup Bhutia & others
Gangtok, Sikkim
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE S.P. Wangdi PRESIDENT
  Mrs. Nalini G.Pradhan MEMBER
  Mr.T.P.Koirala MEMBER
 
PRESENT:
Mr. Zangpo Sherpa
......for the Appellant
 
Mr.Tshering Ngodup Bhutia
......for the Respondent
Dated : 12 Aug 2015
Final Order / Judgement

Present:Mr. Zangpo Sherpa,Advocate for the appellant-Bank.

Mr. Prakash Basnet,Appellant-Branch Manager,in person.

Mr.Tshering Ngodup Bhutia,Advocate with Mr.Meg Nath Dhungel,Advocate for the Respondents.

Mr. Thendup Bhutia,Respondent no.1 in person.

An application has been filed on behalf of the Appelllant-Branch Manager,suggesting proposal for an amicable settlement of the dispute between the parties.

The proposal as contained in paragraph 2 of th application is reproduced below:-

“2.That the Appellant-bank wants to place a proposal for an amicable settlement of the instant matter on the following terms:-

(i) That the Appellant is willing to pay the Respondents an amount of Rs.5,45,000/-(Rupees five lakhs and forty five thousand) with interests that has 
accrued from the date of filing the Consumer Complaint on 24/09/2012 as per the 
rate of Savings Bank Account.

(ii) That the Respondents would not claim ownership inregard to Rs.5,45,000/-(Rupees five lakhs and forty five thousand) along
with all the interests that has accrued,which is lying in the Savings Bank Account No. 042201000065148 of the Respondents".

The matter was adjourned adjourned for a short while to enable the parties to consider the proposal.

on being re-convened,it was submitted on behalf of the Respondents by Mr. T.N. Bhutia,Learned Counsel,that the Respondents have agreed to accept the proposal except on the rate of interest as contained in Clause2(i) against which he suggested that it be enhanced to
atleast 6%.

Mr.Zangpo Sherpa,Learned Counsel for the Appellant-Bank,upon instructions from Mr.Prakash Basnet,Branch Manager of the
Appellant-Bank,who is present in court,submits that the Appellant-Bank is agreeable to enhance
the rate of interest @6% on the sum of Rs.5,45,000/-(rupees five lakhs and forty five thousand) with effect from 24/09/2012,i.e., the date
when the claim was preferred before the District Consumer Disputes Redressal Forum,East Sikkim
at Gangtok.
In view of the above,nothing is left for us to determine in this Appeal except fo direct as under:-

(i) The Appellant-Bank shall pay to the Respondents with interest @ 6% from the date of filing of Consumer Complaint No.8 of 2012,i.e.,24/09/2012;
(ii) The Respondents shall not claim an amoaunt of Rs.5,45,000/-(Rupees five lakhs and forty five thousand) in the Savings Bank Account No. 04201000065148 held in the name of the 
Responts to the Appellant-Bank.

It is submitted that the Appellant-Bank has agreed to release the payment within a period of 20(twenty) working days.
In such view of the matte,the Appellant-bank shall release the amount worked out in terms of the above as assured to the
Respondents.
With these directions,this Appeal stands disposed of.
Resultantly,the impugned judgement passed by the District Consumer Disputes Redressal Forum,East Sikkim at Gangtok,in 
Consumer Complaint No.08 of 2012,is set aside.
The Appellant-Bank shall file an affidavit in support of the application filed today by the
first half of tomorrow,i.e.,13/08/2015.
An affidavit in compliance of the above directions shall also be filed as soon as the 20(twenty) days' period is 
over if not,before that.
A copy of this order along with original records ofthe case be transmitted to the District
Consumer Disputes Redressal Forum,East Sikkim at Gangtok,for information and compliance.

 

 
 
[HON'BLE MR. JUSTICE S.P. Wangdi]
PRESIDENT
 
 
[ Mrs. Nalini G.Pradhan]
MEMBER
 
 
[ Mr.T.P.Koirala]
MEMBER
 

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