Date of filing: 04.7.2017                                                                 Date of disposal: 18.7.2017

Complainant:               1. Uttam Kumar Nayek, S/o. Late Dwija Pada Nayek.  2. Nirjhar Kanti Nayek, S/o. Late Tarapada Nayek.  3. Ashis Nayek, S/o. Late Dwija Pada Nayek.  4. Sukanta Nayek, S/o. Sri Chand Pada Nayek.  5. Swapan Nag, S/o. Sri Kamakshya Nag.  6. Bipod Taran Ghosh, S/o. Late Kashinath Ghosh.

                                    All are resident of Vill. & PO: Saheb Ganj, PS: Bhatar, Dist: Purba Bardhaman, PIN – 713 121.

-V E R S U S-

Opposite Party:    1.     Allahabad Bank, Sahebganj Branch, represented by its Branch Manager, having its office at PO: Sahebganj, PS: Bhatar, Dist: Purba Bardhaman, PIN – 713 121.

2.      Assistant General Manager, Allahabad Bank, having its Zonal Office at Udrej Bhawan, 2^nd Floor, 8, G.T. Road, Asansol, PS: Asansol, PO: Asansol, Dist: Paschim Bardhaman, PIN – 713 304.

3.      Agricultural Insurance Company of India Ltd., represented by its Regional Manager, having its office at OM Tower, 32, Chowringhee Road, Kolkata – 700 071.

Present:      Hon’ble Member: Smt. Silpi Majumder.

           Hon’ble Member:  Sri Pankaj Kumar Sinha.

Appeared for the Complainant (s):      Ld. Advocate, Suvro Chakraborty.

Order No. 05, Dated: 18.7.2017

The ld. Counsel for the complainants is present. Today this record is fixed for admission hearing.

Today the complainants have filed a petition supported by an affidavit stating that in view of the decision of the larger Bench of the Hon’ble National Commission in the case of Ambrisk Kumar Shukla & others VS Ferrous Infrastructure Pvt. Ltd., the complainants are not willing to proceed with the present complaint in a single proceeding. The complainants are inclined to proceed with the complaint by filing separate complaint based on their grievances. By filing this application the complainants have prayed for passing an order giving then liberty to file afresh and withdrawal of the present complaint. It is stated by the complainants that if this application is not allowed they will suffer irreparable loss and injury and prayer is made by the complainants to provide them permission for withdrawal of the instant complaint subject to giving then liberty to file afresh.

We have carefully perused the contents of the application, as well as, the petition of complaint. In our view that after passing the judgment by the larger Bench of the Hon’ble National Commission in the case of Ambrisk Kumar Shukla & others VS Ferrous Infrastructure Pvt. Ltd., the present complaint cannot be maintainable in its present form. Therefore, the prayer as made out by the complainants is fair and we got much substance in it. In view of the prayer of the complainants, permission be given to withdraw their complaint.

Going by the foregoing discussion, hence it is

O r d e r e d

that the Consumer Complaint being No. 109/2017 is hereby dismissed as withdrawn without being admitted.

Be it mentioned that the complainants are at liberty to file fresh complaint separately, if any, if not barred otherwise before any competent Court/Forum/Commission in view of the judgment passed by the Hon’ble Supreme Court in the case of Laxmi Engineering (supra).

Let plain copy of this order be supplied to the complainants free of cost as per provisions of law.

Dictated and corrected by me.                                                               

                       (Pankaj Kumar Sinha)

                             Member

                         DCDRF, Burdwan

                                                         (Silpi Majumder)                     (Pankaj Kumar Sinha)

                                                            Member                                         Member   

                                                       DCDRF, Burdwan                         DCDRF, Burdwan