Banking service—Deficiency in—Appellant, along with his father, opened a joint FD with the bank—A person who avails any service from a bank will fall under the purview of the definition of a consumer under the Consumer Protection Act—As a consequence, it would be open to such consumer to seek recourse to the remedies provided under the Act—Where the bank does not dispute about fixed deposit in joint name and then encashment in single account, it would amount to deficiency in service on the part of bank—Impugned order set aside and matter to be resolved on merits by the National Commission—Directions issued.
[Paras 13 to 20]
Consumer Protection Act, 1986
Section 2(1)(o)—Service—Definition—Service of every description will fall within the ambit of the definition of “service” under Section 2(1)(o) of the Consumer Protection Act.
Section 23—Appeal against order of National Commission rejecting application for review—Appellant instituted an application for review before the National Commission categorically stating on affidavit that he had not furnished instructions to his counsel to apply for withdrawal of the appeal—National Commission ought to have entertained a review and should have set down the appeal for hearing—Failure of National Commission to do so—Impugned order set aside—Directions issued.
[Paras 7 & 21]
Decision : Appeal allowed