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Javed Iqbal vs Bank of Punjab.

CourtDistrict Consumer Court
Case No.271/11
Date2012-01-19
Judge(s)Ejaz Ahmad Buttar
ResultN/A

Brief facts of the case are that the petitioner availed Asaish loan of Rs.25,900/- from respondents which he had admittedly paid by the end of December 2010. On this, the respondent Bank also issued him necessary clearance certificate but despite clearing loan by the petitioner / issuance of clearance certificate by the respondent Bank, the latter reported that the petitioner had defaulted in payment of loan and in this way, he allegedly caused him mental agony. As the respondent Bank failed to offer proper and effective services to the petitioner, therefore, he claimed from them suit amount of Rs.4,50,000/-. On 26-5-11, the petitioner also served legal notice on respondent but still the Bank did not respond positively.

2. Petitioner's claim was contested by respondent on the objection, interalia, that petitioner's claim was not maintainable against Punjab Bank.

3. Arguments heard and record / relevant law perused.

4. Scrutiny of the contents of petition would reveal that respondent's objection on the maintainability of petition gets support from record because firstly, the impugned letter dated 27- 1-11 was not issued by the respondent instead, it was issued by the office of Commissioner, Faisalabad, secondly, neither the petitioner has impleaded the Commissioner (Faisalabad) nor served any legal notice on them and lastly, writing of impugned letter is a matter between the petitioner and Commissioner (Faisalabad) and respondent Bank is not liable for the alleged loss / damage caused by the impugned letter.

3. In view of above, petitioner's claim is found liable to be dismissed for lack of any locus standie / cause of action against respondent Bank, therefore, petition is dismissed with the observation that the petitioner may proceed against proper or necessary party. After completion, file be consigned to record room.

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