West Bengal

Burdwan

MA/96/2024

Sukur Ali Seikh. - Complainant(s)

Versus

1.The Branch Manager of HDFC Bank Ltd. - Opp.Party(s)

Santi Ranjan Hazra

21 Nov 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
BDA GUEST HOUSE ( 1ST FLOOR ) KALNA ROAD BADAMTALA
Dist Purba Bardhaman - 713101
WEST BENGAL
 
Miscellaneous Application No. MA/96/2024
( Date of Filing : 30 Sep 2024 )
In
Complaint Case No. CC/171/2024
 
1. Sukur Ali Seikh.
S/O Rahamat Ali Seikh, Vill. Rustampur, P.O. Bagnapara, P.S. Kalna.713501
Purba Bardhaman
West Bengal
...........Appellant(s)
Versus
1. 1.The Branch Manager of HDFC Bank Ltd.
Baghnapara, P.S. Kalna. 713501.
Purba Barddhaman
West Bengal
...........Respondent(s)
 
BEFORE: 
 HON'BLE MRS. Lipika Ghosh PRESIDING MEMBER
 HON'BLE MR. Atanu kumar Dutta MEMBER
 
PRESENT:Santi Ranjan Hazra, Advocate for the Appellant 1
 
Dated : 21 Nov 2024
Final Order / Judgement

Order date: 21 .11.2024.

Today is fixed for appearance of the OPs and hearing of the M.A case being No. 96/2024 for condonation of delay and objection, if any.                                            

             Ld. Advocate for the complainant is present.

            In spite of receiving the summons on 07.10.2024, none appears on behalf of the OPs.

            M.A case being No. 96/2024 is taken up for hearing.

On 30.09.2024 complainant filed this M.A. case stating that he came to learn, for the first time,  about the freezing of his Bank Account on 24.08.2022 .  He communicated to the Bank Authority many a times and requested them to de-freeze his Bank Account and ultimately sent a legal notice to the Bank Authority but to no result. 

Thereafter he went to Gujrat for his business purpose and returned .  He was hopeful that the Bank will take appropriate action to de-freeze his Bank Account as per his request and also on the basis of the legal notice sent by him to the Bank Authority . As the Bank flatly refused to de-freeze his bank account on 14.08.2024 , so he sent the legal notice and  he knocked the door of Ld. Commission for his relief and filed this case on 30.09.2024. The cause of action arose on 24.08.2022 but he could not file the case within two years i.e. 24.08.2024.  Consequently, 34 days delay has been cropped up in filing the case.

The complainant prays for condonation of delay for 34 days in filing the complaint case.

Heard the Ld. Advocate for the complainant.  Peruse the complaint as well as the M.A. case carefully.

      Under the above facts and circumstances of the case and considering the submission of the Ld. Advocate for the complainant  , we hold that for the interest of justice, we think that delay in filing this complaint petition u/S 69(2) of the C.P. Act, 2019, for condonation of delay is hereby allowed and the delay for 34 days in filing the complaint is hereby condoned.

 

Hence, it is

 

                                                                           ORDERED

 

that the M.A case being No. 96/2024  be allowed , condoning the delay of 34 days in filing the complaint .

            The M.A. being No. 96/2024 is thus disposed of.

            Let a copy of this order be given to the parties on free of cost.


             To  20.12.2024  for filing W/V by the OPs  positively i.d. order.

 
 
[HON'BLE MRS. Lipika Ghosh]
PRESIDING MEMBER
 
 
[HON'BLE MR. Atanu kumar Dutta]
MEMBER
 

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