West Bengal

Birbhum

MA/46/2019

Nitai Konai alias - Complainant(s)

Versus

. Branch Manager, UBI, Md. Bazar Branch - Opp.Party(s)

01 Apr 2019

ORDER

One Nitai Konai alias Netaipada Tanti, of Vill. and P.O. Sewrakuri, Dist. Birbhum has filed an application U/s 12 of the Consumer Protection Act, 1986 (as amended up to date) against the O.P to pass an order directing the Op No. 1 to receive the Cheque and take step to encash the same and for other relief. Total valuation is less than Rs. 5 Lacks. Filing of postal order is exempted in view of amended rule 9A of Consumer Protection Rule 1987.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             The case has been filed in time. Register it. Full requisites have been filed.

The record is put up for admission hearing as interim petition is filed.

Perused the Complainant and documents.

            Heard.

            We find prima facie case.

Let the case be registered.

The petitioner also files a petition praying for passing an interim order to received the cheque and takes step to in cash the same being S/Account No. 450002120001204. The petition be treated as M.A/46/2019.

Heard. Perused the petition filed by the Complainant and documents. Heard LD. Advocate/Agent of the Complainant.

We find that the complainant having a fixed deposit certificate before the OP No. 2 and the same was matured. That the OP No. 2 issued a cheque being No. 45994 dated 07/01/2019 of Rs. 41115/- in the name of Netai Pada Tanti from Suri head post office.

That the complainant is an account holder of the Bank (OP No. 1) being S.B.A/C. No. 450002120001204 in the name Nitai Konai instead of Netai Pada Tanti.

That the Complainant had been to OP/Bank several times to deposit the said cheque in order to encash the same but they did not allow the complainant to deposit the said cheque as S/B.A/C. Is lying in the name of Nitai Konia instead of Netai Pada Tanti.

That thereafter the complainant had been to OP/Bank with an affidavit duly7 executed before Sib-Divisional Executive Magistrate, Suri, Birbhum wherein it has been stated with solemn affirm that Netai Pada Tanti and Nitai Konai is same and one identical person but they refused to take the same.

That thereafter on 01/03/2019 the complainant sent and application along with affidavit to registered A/D Post and he requested is his application to change the name of his Account as Natai Konai alias as Netai Pada Tanti so that he can deposit the cheque in his S/B Account in order to encash the same but till date the OP/Bank did not take any step to do the needful.

That thereafter the Complainant sent a legal notice through his lawyer on 06/03/2019 and in that notice he requested the OP/Bank to take step to get deposit of the said cheque within 3 days. But the

 

 

OP/Bank did not pay and heed on the request of the Complainants legal notice.

The complainant is entitled to encash the said cheque as he known as both Netai Pada Tanti and Neti konai as because he is same and identical person.

That the petitioner requested OP/Bank to receive the cheque and takes step to enchase the same but the OP is denied to listen anything from the petitioner of their wrongful gain and for that petitioner have no other alternative, but to file a suit against the OP for receive the cheque and to takes step to encash the same of the said S.B Account.

At this stage without going into merit of the case and considering over all matter into consideration we think before passing interim order, the OP is to be heard and interim order cannot be passed at this state.

Let issue notice directing the Ops to file show cause as to why the interim petition shall not be allowed against them by 08/04/2019.

Thus MA is disposed of.

Fix. 08/04/2019 for S/R and appearance.