B.C. Kandpal, J. (President) - (1.) THIS is an appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 28.1.2009 passed by the Members of the District Forum, Haridwar in consumer complaint No. 347 of 2006. By the order impugned, the Members of the District Forum have allowed the consumer complaint and directed the opposite parties to pay the amount of FDR No. 312900PQ00000493 amounting to Rs. 4,00,000 to the complainants together with interest mentioned in the said FDR and also to pay litigation expenses of Rs. 2,000. Per dissenting order of the even date, the learned President of the District Forum has, however, dismissed the consumer complaint. Briefly stated, the facts of the case as mentioned in the consumer complaint, are that Shree Ajardham Manila Ashram Trust Samiti (Regd.), Sapt Sarovar Marg, Bhopatwala, Haridwar is a registered Society, which is having several bank accounts with the Punjab National Bank, Sapt Rishi Ashram, Pawan Dham, Bhopatwala, Haridwar. The Society was having an FDR of Rs. 4,00,000 with the bank. It was alleged that without any resolution of the Society, the bank has illegally given the loan of Rs. 3,00,000 in collusion with Swami Shivanand, the then Treasurer of the Society, whereas without the resolution of the Society, the bank had no right to give loan to any employee of the Society. The said loan amount was illegally transferred to the saving bank account No. 11763 of Swami Shivanand and without any authority, the loan of Rs. 3,00,000 was sanctioned. Alleging deficiency in service on the part of the bank, the complainants filed a consumer complaint before the District Forum, Haridwar.
(2.) THE bank filed written statement before the District Forum and pleaded that any two out of the President, Treasurer, Manager of the Society have a right to operate the bank accounts of the Society; that as per the written instructions of the President and Treasurer of the Society, the loan was sanctioned; that after the maturity of the FDR, the remaining amount after adjustment of the loan amount, has been credited in the saving bank account of the Society and that there is no deficiency in service on their part. The District Forum, on an appreciation of the material on record, allowed the consumer complaint vide impugned order dated 28.1.2009 in the above manner. Aggrieved by the said order, the bank has filed the present appeal.
(3.) NONE appeared on behalf of respondents -complainants. We have heard the learned Counsel for the appellant -bank and have also perused the record. We have also gone through the written arguments dated 9.12.2011 (Paper Nos. 56 to 59) filed by the learned Counsel for respondents.;