The complainant is present in person.

Today is fixed for hearing on the point of admissibility of this complaint.

The complainant has advanced argument on that point.

After perusal of the petition of complaint along with related documents it is seen by us that this complaint is initiated by the complainant against the Op Bank as from his account lying with the Op Bank unauthorized deduction was made to the tune of Rs. 26,000/-. After said deduction the complainant approached before the concerned Bank by filing an application/complaint, but according to the complainant, after lapse of three months, from the date of filing complaint no investigation was made by the Bank authority and concerned Bank did not pay much attention to the complaint raised by the complainant and simply denied to extend help from their end. Being aggrieved with the action of the Op Bank the complainant approached before the Police Station Bidhannagar on 17.08.2021 by filing a similar complaint. Getting no positive response either from the Bank or from the Police Station complainant raised a compliant before the Banking Ombudsman on 17.09.2021 being compliant no. 2021220050009905. As the grievance of the complainant has neither been redressed by the Bank authority or the Banking Ombudsman, till filing of this compliant, having no other alternative the complainant had approached before this Ld. Commission by filing this Complaint praying for direction upon the Op Bank to reverse the unauthorized transaction from the Op Bank along with compensation to the tune of Rs. 10,000/- on account of harassment, non-cooperation and inadequate service provided by the Bank.

From the petition of complaint it is revealed that the complainant has approaced before the Bankng Ombudsman by filing a complaint praying for redreesal of his grievance, which is still pending before the Ld. Ombudsman. As per settled Law, duering pendency of the complaint before the Ld. Ombudsman, the complainant has no authority to take recourse of another Law, ie. Consumer Protection Act. One person cannot be benified in two modes. Until and unless the complaint before the Ld. Banking Ombudsman, this complaint cannot be maintainbale in the eye of Law. The complainant does not file any order passed by the Ld. Ombudsman from where it is evident that the concerned complaint has already been disposed of either against or in favour of the complainant. As two separate procedeeings under two separate Act on the self-same cause of action is not maintainable.

Going by the foregoing discussion hence it is ordered that the Consumer Complaint being no. CC/347/2021 is hereby dismissed without being admitted. There is no order as to cost.

However the complainant is at liberty to approach before the appropriate Competent Forum /Court for redressal of his  grievance. If not barred otherwise.

The complainant is also at liberty to get return the copy of the complaint and the documents from the appropriate authority of this Commission as the complaint is not admitted. In this respect the complainant is further directed to submit a separate application praying for return of the abovementioned documents. The appropriate authority of this Commission is hereby directed to take necessary step upon receipt of the application from the complainant so that the complainant can get return of the aforementioned without any further delay.

Let plain copy be given to the parties free of cost as per CPR.

   Dictated and corrected by

[HON'BLE MRS. Silpi Majumder]
MEMBER