STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA FIRST APPEAL NO. SC/6/A/773/2022 ORIENTAL BANK OF COMMERCE PRESENT ADDRESS - SHAHABAD MARKANDA ,HARYANA.

.......Appellant(s)

Versus SHIV PARKASH SHARMA PRESENT ADDRESS - VILLAGE GOLPURA ,HARYANA.

.......Respondent(s)

BEFORE:

T P S MANN , PRESIDENT MR. S . P . SOOD , JUDICIAL MEMBER MANJULA , MEMBER FOR THE APPELLANT:

SHRI TARUN DHINGRA, COUNSEL FOR THE APPELLANTS.

FOR THE RESPONDENT:

MS. MEENAKSHI SAROOP, COUNSEL FOR THE RESPONDENT DATED: 02/04/2025

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA First Appeal No.773 of 2022 Date of Filing:15.12.2022 Date of Order: 02.04.2025

1. Oriental Bank of Commerce, Shahabad Markanda, District Kurukshetra, through its Branch Manager.

2. Oriental Bank of Commerce, E-Block, Connaught Place, New Delhi-110001, through its Regional Manager.

(The above Oriental Bank of Commerce is now merged in Punjab National Bank).

…..Appellants Versus Shiv Parkash Sharma S/o Shri Banarsi Dass, R/o Village Golpura, District Kurukshetra.

..…Respondent CORAM: Hon’ble Mr. Justice T.P.S Mann, President.

Mr.S.P.Sood, Judicial Member Mrs. Manjula, Member.

Present:- Shri Tarun Dhingra, counsel for the appellants.

Ms. Meenakshi Saroop, counsel for the respondent.

O R D E R

T.P.S. MANN J.

Delay of 13 days in filing the appeal is condoned for the reasons stated in the application for condonation of delay.

2. Appellants-Opposite Parties-Oriental Bank of Commerce, have filed the instant appeal under Section 41 of the Consumer Protection Act, 2019 for challenging the order dated 06.10.2022 passed by learned District Consumer Disputes Redressal Commission, Kurukshetra whereby complaint filed by him (Shiv Parkash Sharma)

was allowed with following directions:-

“In view of our above discussion, we accept the present complaint against the OPs and direct them to refund back the amount of Rs.40,000/- to the complainant along with compensation to the tune of Rs.10,000/- for mental agony and physical harassment, caused to the complainant, due to deficiency in services on their part + litigation expenses of Rs.5000/-. The OPs are further directed to make the compliance of this order, within a period of 45 days, from the date of preparation of certified copy of this order, failing which, the claim amount of Rs.40,000/- shall carry interest @ 6% simple per annum, from the date of this order, till its actual realization, and the complainant shall be at liberty to initiate proceedings under section 71/72 of the Consumer Protection Act, 2019 against the OPs.”

3. The brief facts of the case are that the complainant is having saving account No.01522010036960 with the opposite party (OP) No.1. On 05.12.2011, the complainant had deposited the amount of Rs.15,000/- in his account and transaction of the same was got entered by him in his pass book. The complainant came to know that some wrong transactions in his account were made by unknown person. On 08.12.2011, some unknown person has withdrawn a sum of Rs.40,000/-. He enquired the matter from the concerned officials, but no satisfactory reply was given by the bank. The fraud and cheating has been committed with the complainant by un-known person in collusion with the bank officials. The complainant moved an application to the Superintendent of Police, Kurukshetra on same day i.e. 19.01.2012 but its no effect. Faced with this situation, he got issued legal notice on 14.02.2012 to the OPs, but, to of no avail. Thus, there was deficiency in service on the part of the OPs.

4. The complaint was resisted by the OPs by filing its reply raising objections regarding maintainability of complaint, for want of cause of action, jurisdiction, no locus standi, non-joinder and mis-joinder of the necessary parties and concealment of true and material facts etc. and finally requested to dismiss the complaint.

5. On merits, it was submitted that the complainant had his saving account with the complainant and on the request dated 01.08.2019 the answering OP