Shri Asok Kumar Dey,

proprietor of  M/S Abha Enterprise,

having its office at

74, Bireshwar  Chatterjee Street,

Bally,  Howrah,  resident of Jhilpar,

Howrah – 711 205.------------------------ Petitioner.

-         Versus –

1.     Asst. Manager,

Central Bank of India,

Kolkata Main Office,

33, N.S. Road, Kolkata – 700001.

& others.-----------------------Opposite Parties.

Order No.   10                                                                                                                 Date : 30-10-2014.

          The complaint  is fixed for judgment this day.

          The complainant filed this complaint praying for closure of the EPC loan and CC loan after receiving a sum of Rs. 2,60,000/- together with compensation of Rs. 1 lakh for mental  agony and anxiety against the o.p. nos. 1 & 2. 

On scrutiny of the case record it appears that the complainant  suppressed the material facts that the o.p. nos. 1 & 2 filed OA no. 36 of 2005 U/S 19 of the Recovery of Debts before the Kolkata Debts Recovery Tribunal. The complainant further suppressed in his petition on which date the loan was obtained. Only in paragraph 36 in the last line of the B N A the complainant made mention by handwriting that no notice was served upon the complainant from the DRT.

          The O.P. Central Bank of India in their written version stated everything. In fact in view of the latest position of law this case is not maintainable before this Forum. If the complainant in his petition of complaint made mention of the DRT case, the instant complaint would not have been entertained.

          We are, therefore, of the view that the instant case not being maintainable is dismissed.