Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 428.
Instituted on : 25.06.2009.
Decided on : 26.06.2009.
1. Rajbir Singh son of Shri Ram Swaroop
2. Smt. Savita Malik wife of Sh. Rajbir Singh son of Shri Ram Swaroop both resident of H.No.1378-P, Sector 3, Sonepat Road, Rohtak.
………..Complainant.
Vs.
Bank of Baroda, Branch at Huda Complex, Rohtak through its Senior Branch Manager.
……….Opposite party.
Present: Sh.H.C.Sikri, Advocate for the complainant.
Complaint presented. It be registered. Heard. The complainants have filed the complaint against the opposite party for releasing the documents pertaining to their properties. Ld. Counsel relied upon the authorities reported in 2007(2)CLT 542 titled Punjab National Bank Vs. Prahlad Rai Patwari and another and 2006(1) CLT 545(NC) titled Thukaram Anantha Shet Vs. Karnataka Bank Ltd.
After going through the file and hearing the parties, we are of the considered view that complainants have not placed on file any document to prove that they have mortgaged their property with the bank/opposite party or they are the account holder of opposite party. Hence the authorities cited by ld. Counsel for the complainant are not applicable on the facts and circumstances of the present case. On the other hand, Hon’ble National Commission in 2008(3) CLT 660 titled Kolanu Sathi Reddy Vs. B.Kutumba Rao & Ors., has held that: “Despite breach of statutory duty, a Consumer Fora cannot help complainant in absence of any contract of sale or agreement to sell or any agreement to render service-It is only Civil Courts or the High Court which would issued directions to enforce statutory duties cast on OPs” and as per 1(2008)CPJ 207(NC) titled Prakash Vs. Radheshyam Agarwal & Ors., it has held by Hon’ble National Commission that: “Goods purchased by Amiya Sales Corporation who made due payments-Complainant not purchased anything, not Consumer-Not entitled to any relief”.
Keeping in view the above referred case laws, we have come to the conclusion that complainants are not the consumer of opposite party hence the complaint is not tenable. Accordingly we hereby dismiss the present complaint with no order as to costs.
Copy of this order be supplied to the party free of cost. File be consigned to the record room.
Member Member President/26.06.2009.
Tags: Bank of Baroda