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Consumer Court imposes fine of Rs 10,000 to complainant for frivolous complaint
1/22/2013 12:57:22 AM
early times report
Jammu, Jan 21: The District Consumer Disputes Redressal Forum, dismissed a complaint filed by one Janak Raj Balgotra and imposes fine of Rs10,000/- to complainant for frivolous complaint.
In the complaint of Janak Raj Balgotra versus United India Insurance Company Ltd, Manager Citizen's Cooperative Bank Ltd Branch New Plot Jammu and Managing Director Citizen's Cooperative Bank Ltd Adm Office Gren Belt Gandhi Nagar Jammu, the bench comprising Forum president, Bala Jyoti and member, Dr D K Sharma on Jan 14, observed that the assertion of the complainant availed loan facility for purchasing a Photostat machine for self employment with a view to earning livelihood and had got it insured. He alleged that machine/photocopier however developed defect within two months of its installation and despite his intimation nobody inspected the same. During the hearings of case the concerned Bank and the Insurance Comp-any have denied any deficiency in service. They apprehended that the complainant having availed the loan facility did not purchase the machine, nor offered the same for inspection by the bank officials, nor adhered to the post-disbursement terms and conditions of the loan as per sanction letter.
In their defence they a communication dated 25-4-2005 addressed by the surveyor Ramesh Chander Bhatia to the Branch Manager Citizens Cooper-ative Bank Ltd New Plots Jammu also speaks about non production of Phot-ostat machine for the purposes of inspection and further added the complainant has not chosen to even cross- examine surveyor and the field officer
The forum observed complainant has deliberately suppressed material facts and has cheated the bank authorities. "This ples has been filed only as a subterfuge to the fraud committed by the complainant and complaint is accordingly dismissed being frivolous & vexatious, forum observed and accordingly imposes a fine of Rs.10,000 /- payable by the complainant to be divided in equal proportions by the OPs viz Insurance Comp-any and Bank. "The amount of costs shall be paid within one month from the day i.e. Jan 14.
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