STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
HARYANA PANCHKULA
Date of Institution: 08.05.2023
Date of final hearing: 15.09.2023
Date of pronouncement: 15.09.2023
Revision Petition No.44 of 2023
IN THE MATTER OF
1. Ombir Sharma S/o Shri Kishnu Sharma, R/o Holi Mohalla, Sihol, District Palwal.
2. Raj Bala W/o Shri Bed Ram R/o House No.D-596/2, Ward No.1, Kalyan Enclave, Part-I, Palwal, District Palwal.
.….Revisionists/Petitioners.
Through counsel Mr. Chander Shekhar, Advocate
Versus
1. Smt. Chand Kaur, W/o Shri Kushal Pal Lamba, R/o house No.855, Sector-15, District Faridabad.
2. State Bank of India, Branch Address: Village Mohana, Baghpur Road, Mohna, District Faridabad through its Branch Manager.
….Respondents.
Through counsel Mr. Kamal Chaudhary, Advocate
CORAM: S.P. Sood, Judicial Member.
Present:- Mr. Kamal Chaudhary, counsel for the applicants-respondents.
Mr. Vikram Singh, Advocate for Mr. Chander Shekhar, counsel for the revisionists.
Mr. Parveen, Advocate for (Mr. Kuldeep) representative for (Smt. Chand Kaur, respondent No.1.)
O R D E R
PER: S.P.SOOD, JUDICIAL MEMBER:
Instead of addressing arguments on the Miscellaneous Application No.231 of 2023 under Section 151 CPC for vacation, arguments on the main revision petition were addressed by learned counsel for both the parties. As such, the present Revision Petition is hereby disposed off vide this order.
2. As is evident from the record that revision petition has been preferred by Shri Ombir Sharma and Smt. Raj Bala jointly against the present respondent Smt. Chand Kaur, who happened to be the sole complainant in this case, of course along with another respondent State Bank of India having its Branch office at Village Mohana, Baghpur Road, Mohana, District Faridabad through its Branch Manager who happened to be the sole opposite party in the main complaint.
3. Further it also evolves from the record that as on the date of filing of this revision petition, revisionists who of course wrongly depicted themselves to be appellants were nowhere in picture in the above said complaint bearing C.C. No.167 of 2023. These revisionists have assailed interim relief so granted by learned district commission in response to a separate application moved by Smt. Chand Kaur wherein Manager State Bank of India Bank, Mohna has restricted one Shri Kuldeep Lamba S/o Shri Prem Pal to sign all banking documents/instructions and also to draw cheques or withdraw any cash or transfer any money by availing various mods and also to operate net banking using his cell phone bearing No.9813224224 on the strength of mutual authorization in his favour by none other but the complainant Smt. Chand Kaur and that of her alleged partner.
4. However, if we go through the contents of the impugned order passed by learned district Commission on 12.04.2023 we also find that it was both of these revisionists Shri Ombir Sharma and Smt. Raj Bala wife of Shri Ved Ram have also moved an application under Order-I Rule 10 CPC for impleading themselves in the said complaint on account of their being the necessary parties and the said application has also been allowed after the same was not contested by the complainant. (Smt. Chand Kaur).
5. However, despite the above said development, till date neither the amended title of the complaint has been brought on record of the said complaint file nor the written version on behalf of both of the newly added opposite parties has come on record. In this context or putting it differently when all these developments having already been taken place in the background. It is quite surprising as to how learned district Commission went ahead to decide the request put forth by the complainant for allowing it to get the necessary actions for running the day to day working of M/s Padmawat Kisan Kendra a filing station to operate its bank account bearing No.35246503958 held with opposite party-State Bank of India with its Branch at Village Mohana through the authorized person Shri Kuldeep Lamba with his cell phone No. 9813224224 especially when it was only at the behest of both of these newly added parties only (Shri Ombir Sharma and Smt. Raj Bala).
6. The bank has restricted the above stated authorized person to act on behalf of the joint owners for carrying out the banking operations of this filing station. In-fact the written request put forth by complainant Smt. Chand Kaur, seeking concession of directing Manager, SBI-opposite party in this complaint case to allow Shri Kuldeep Lamba, for doing the needful should have been dealt with only after ascertaining the stand adopted by both of the revisionists/newly added opposite parties in the said complaint as it was only at their behest that as such restrictions were imposed by the OP-banker. For all these reasons the impugned order cannot sustain the scrutiny of law and hence the same has to go in spite of the fact that this revision petition also suffers from some inherent defects of maintainability etc.
7. So, for all these reasons the above said revision petition stands disposed off with the direction to learned district commission to dispose off the written request put forth by the complainant afresh after considering and evaluating the stand adopted by the newly added opposite parties namely Shri Ombir Sharma and Smt. Raj Bala, so that complete and substantial justice may be done to both the parties.
8. Application(s), if any, is disposed off in terms of the aforesaid order.
9. A copy of this order be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019. This order be uploaded forthwith on the website of the Commission for the perusal of the parties.
10. Let, summoned record be sent back to the quarter concerned immediately with a copy of this order.
11. File be consigned to record room alongwith a copy of this order.
Pronounced on 15th September, 2023
S.P.Sood Judicial Member Addl. Bench
