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Oriental Bank of Commerce, Mall Patiala v/s Mandhir Singh Anand


Company & Directors' Information:- ANAND PRIVATE LIMITED [Strike Off] CIN = U00000DL2001PTC109063

Company & Directors' Information:- ANAND PRIVATE LIMITED [Strike Off] CIN = U99999MH1975PTC018274

Company & Directors' Information:- INDIA E-COMMERCE LIMITED [Active] CIN = L99999MH1968PLC014091

Company & Directors' Information:- S H COMMERCE PRIVATE LIMITED [Active] CIN = U51109WB2008PTC121420

Company & Directors' Information:- A. M. COMMERCE PRIVATE LIMITED [Active] CIN = U51909WB2011PTC168744

Company & Directors' Information:- ANAND AND ANAND PVT. LTD. [Amalgamated] CIN = U99999DL1983PTC016655

Company & Directors' Information:- G S E-COMMERCE PRIVATE LIMITED [Active] CIN = U52100KA2013PTC067567

Company & Directors' Information:- P M MALL PRIVATE LIMITED [Active] CIN = U51909DL2002PTC117298

Company & Directors' Information:- V K COMMERCE PVT LTD [Amalgamated] CIN = U51109WB1984PTC037122

Company & Directors' Information:- P. R. COMMERCE PRIVATE LIMITED [Active] CIN = U51909WB2008PTC122333

Company & Directors' Information:- M & P E. COMMERCE PRIVATE LIMITED [Active] CIN = U74300DL1999PTC099198

Company & Directors' Information:- R S COMMERCE PVT LTD [Converted to LLP] CIN = U51909WB1995PTC074372

Company & Directors' Information:- ANAND AND CO. P. LTD. [Active] CIN = U74899DL1988PTC031346

Company & Directors' Information:- P S COMMERCE PRIVATE LIMITED [Active] CIN = U51909WB1997PTC084487

Company & Directors' Information:- T S R I COMMERCE PRIVATE LIMITED [Strike Off] CIN = U65910TG1999PTC032173

Company & Directors' Information:- AND E-COMMERCE PRIVATE LIMITED [Active] CIN = U74120AP2015PTC096206

Company & Directors' Information:- U MALL PRIVATE LIMITED [Active] CIN = U45209HP2021PTC008593

Company & Directors' Information:- ANAND LIMITED [Active] CIN = U51101WB2010PLC148865

Company & Directors' Information:- S B MALL PRIVATE LIMITED [Strike Off] CIN = U52390OR2010PTC011838

Company & Directors' Information:- D B S COMMERCE PRIVATE LIMITED [Active] CIN = U52190MH2009PTC190773

Company & Directors' Information:- ANAND (INDIA) PRIVATE LIMITED [Amalgamated] CIN = U74591DL1998PTC095751

Company & Directors' Information:- A P COMMERCE LIMITED [Strike Off] CIN = U51909WB1981PLC033798

Company & Directors' Information:- B. G. E-COMMERCE PRIVATE LIMITED [Active] CIN = U52500UP2021PTC157159

Company & Directors' Information:- THE BANK OF COMMERCE LTD [Strike Off] CIN = U65923WB1929PLC006511

Company & Directors' Information:- Z F MALL PRIVATE LIMITED [Strike Off] CIN = U51909DL2003PTC121947

Company & Directors' Information:- K P INDIA COMMERCE PRIVATE LIMITED [Strike Off] CIN = U51909AS2001PTC006701

Company & Directors' Information:- B-ANAND AND COMPANY PRIVATE LIMITED [Strike Off] CIN = U45203DL1988PTC032328

Company & Directors' Information:- Y S E-COMMERCE PRIVATE LIMITED [Active] CIN = U72200MH2000PTC126344

Company & Directors' Information:- P. L. MALL PRIVATE LIMITED [Strike Off] CIN = U74999UP2011PTC046624

Company & Directors' Information:- B AND D E-COMMERCE PRIVATE LIMITED [Strike Off] CIN = U74999HP2015PTC000945

Company & Directors' Information:- I P E-COMMERCE PRIVATE LIMITED [Active] CIN = U52399CH2012PTC033585

Company & Directors' Information:- V K MALL PRIVATE LIMITED [Active] CIN = U52100DL2011PTC216453

Company & Directors' Information:- ORIENTAL COMMERCE PVT LTD [Strike Off] CIN = U15209WB1996PTC079017

Company & Directors' Information:- BANK OF COMMERCE LIMITED [Dissolved] CIN = U65110KL1901PLC000124

Company & Directors' Information:- ORIENTAL BANK OF INDIA LIMITED [Dissolved] CIN = U65191KL1920PLC000830

Company & Directors' Information:- ORIENTAL BANK LIMITED [Dissolved] CIN = U65191KL1929PLC000832

Company & Directors' Information:- BANK OF COMMERCE LTD. [Dissolved] CIN = U99999MH1921PTC000917

Company & Directors' Information:- ORIENTAL BANK OF COMMERCE LIMITED [Active] CIN = U65191DL1901PLC002036

    Revision Petition No. 1973 of 2015

    Decided On, 10 December 2020

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. DINESH SINGH
    By, PRESIDING MEMBER

    For the Petitioner: H.P. Bhardwaj, Advocate. For the Respondent: Mukesh Arora, Advocate.



Judgment Text

Taken up through video conferencing.1. Heard learned Counsel for the Petitioners No. 1 and No. 2, Oriental Bank of Commerce (the ‘Petitioner Bank’) and learned Counsel for the Respondent (the ‘Complainant’).Perused the entire material on record.2. Learned Counsel for the Petitioner Bank submits that the Oriental Bank of Commerce has since merged with the Punjab National Bank.The same is taken on record.3. The complaint relates to allegations of deficiency in service against the Petitioner Bank for failing to make good the maturity value of two fixed deposits of Rs.30,000/- and Rs.25,000/-.4. The District Forum vide its Order dated 31.05.2011 dismissed the Complaint on contest with cost of Rs. 10,000/- imposed under Section 26 ‘Dismissal of frivolous or vexatious complaints’ of The Consumer Protection Act, 1986 (the ‘Act 1986’).5. The District Forum summed-up its findings in para 12 of its Order, quoted below for ready reference:12. In view of the plea taken up by the ops corroborated by the documentary evidence led by the ops, it would appear that the complainant approached the Forum with a false plea and having concealed the material facts that he had got the original FDR renewed for a period of six years and 9 months and he further got the FDR issued jointly in his favour and also in favour of Smt. Harbans Kaur and got the amount of the FDRs adjusted in the saving bank and loan account of Smt. Harbans Kaur. We hardly find any substance in the submission made by the learned counsel for the complainant that the ops have failed to produce in evidence any application to have been filed by the complainant to transfer the amount of the FDRs in the saving bank and loan accounts of Smt. Harbans Kaur because the complainant has not disclosed the true facts before the Forum that he had got the FDRs renewed and further got the amount of the FDRs invested in the joint name of himself and Smt. Harbans Kaur. Had the complainant come forward with a plea that the amount of his FDRs was adjusted in the account of Smt. Harbans Kaur without his consent, there would have been a justification to direct the enquiry in that direction, but in view of the complaint filed by the complainant that the ops failed to encash his FDRs we are constrained to hold that the complaint is based on false facts with an ulterior motive and consequently the complaint is hereby dismissed burdening the complainant with a cost of Rs. 10000/- under Section 26 of the Consumer Protection Act, 1986.6. The State Commission vide its impugned Order dated 16.03.2015 allowed the appeal of the Complainant and set aside the Order of the District Forum. The Petitioner Bank was proceeded against ex parte before the State Commission (“A notice was issued to the respondents / OPs by the Commission but nobody appeared on their behalf and as such OPs were proceeded ex-parte.”).7. A perusal of the entire record, including inter alia specifically the Complaint filed by the Complainant before the District Forum, the Written Version filed by the Petitioner Bank before the District Forum, the District Forum’s Order passed on contest [dismissing the Complaint (as frivolous and vexatious) with cost of Rs.10,000/- under Section 26 of the Act 1986] and the State Commission’s Order passed ex parte against the Petitioner Bank [setting aside the District Forum’s Order and allowing the Complaint], evinces that the facts and specificities of the case are such that it required to be adjudged by the appellate Forum after affording due / reasonable / adequate opportunity to the Petitioner Bank, a scheduled nationalized bank, functioning under the superintendence of the RBI, against which the Complaint had been dismissed in the Fora below as frivolous and vexatious.8. To prevent miscarriage of justice, the facts and specificities of the case being such that it requires to be holistically and comprehensively adjudicated, on facts and law, on merit, in the Forum of appellate jurisdiction, the Order dated 16.03.2015 of the State Commission is set aside and the case is remanded to the State Commission for adjudication afresh. The State Commission is requested to afford opportunity to the Petitioner Bank (in addition to the Complainant) and to decide the appeal afresh.9. This Commission has consciously refrained from entering into the consumer dispute, or making any critique of the facts and specificities of the case, or recording any observations or comments etc., since the appeal has as yet to be adjudicated on merit by the appellate Forum and this Commission does not in any manner want to colour the vision of the State Commission on remanding the case back for decision afresh.10. The parties are directed to appear befo

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re the State Commission on 20.01.2021.11. The Petitioner Bank is sternly advised to conduct its case professionally before the State Commission. Towards this end, a copy of this Order may be sent by the Registry within three days to the Chief Executive of the Petitioner Bank with advice to consider fixing accountability and to imbibe systemic improvements for future.12. The Registry is directed to send a copy of this Order to the State Commission and to all parties within three days.‘Dasti’, in addition, to all parties.
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