Bank directed to withhold HUDA-related withdrawals

PANCHKULA, NOV 17: District Consumer Disputes Redressal Forum has directed the manager of the Sector 6 extension counter of the Indian Bank not to allow withdrawal of any amount from the account relating to HUDA, till further orders. The order was passed by forum president R.C. Taneja and members B.S. Badhran and Nirmal Kaur.

As per the order, the complainant preferred a complaint under Section 12 of the Consumer Protection Act, against HUDA, which was subsequently accepted vide order dated July 10, 1998 with the directions stating that it should square up the accounts of the complainant keeping in view that the amount of Rs.3453.78 stands paid in October 1981; not to charge any interest or penalty on the amount of Rs.3453.70 after October 1981; refund the amount of interest and penalty already charged from the complainant on 3453.78 along with interest at the rate of 18 percent per annum from the date of receipt till payment; pay a sum of Rs.5000 as compensation for mental agony and harassment; and pay a sum of Rs.500 as costs of proceedings. Also the aforesaid amount of compensation was to be paid by HUDA to the complainant within one month from the date of the order. Since the above order had not been complied with, so the complainant had instituted execution application. After the notice of the execution application havingbeen served, the Judgment Debtor (JD) put in appearance and filed reply to the execution application, mentioning therein that appeal has been preferred before the Honourable State Commission and prayed for stay of the execution petitionpending till disposal of the appeal.

Thereafter, upon application of the Decree Holder (DH) complainant, notice was issued in reply whereof the Judgment Debtor again prayed for execution in view of the pendency of the appeal before the Honourable State Commission.

During the pendency of this petition, the DH, however received payment of Rs.14186 on January 27, 1999 under protest. On February 25, 1999, the DH filed objections, the copy of which was duly served to Judgment Debtor. A number of opportunities were provided to the Judgment Debtor to file counter reply to the objections filed by the complainant but Judgment Debtor failed to file the same. Hence again notice was issued but that too to no avail.