AMIT SEN GUPTA Vs. UNITED BANK OF INDIA
Amit Sen Gupta
UNITED BANK OF INDIA
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Deepa Sharma,J. -
(1.) The present revision petition has been filed challenging the order dated 07.02.2014 in appeal No. FA/342/2013 filed by the petitioner/complainant (hereinafter referred as complainant), whereby his appeal was dismissed.
(2.) The complainant had filed complaint before the District Forum which was also dismissed vide order dated 26.02.2013. In the present revision petition, Ld. Amicus Curiae, appearing on behalf of the petitioner/complainant, contends that for the deficiency in services, several letters had been written by the complainants and those communications had been admitted by the respondent and the respondent had also given assurances to the complainant to consider the said services. It is submitted that since there is a clear-cut admission on the part of the opposite party, the impugned order is perverse and illegal and is liable to be set aside. The counsel for the respondent, however, submits that the deficiency which the complainant asserts does not fall within the definition of 'deficiency' under Consumer Protection Act, 1986 and since there was no consumer dispute, the complaint was rightly dismissed by Foras below. It is submitted that there is no error in the impugned order and the present revision petition has no merit and the same is liable to be dismissed.
(3.) Heard the arguments. Perused the file and given thoughtful consideration to the arguments of Ld. Counsels.;
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