Date of filing: 07.12.2017 Date of disposal: 05.03.2018
Complainant: Sri Debasis Dey, S/o. Surajit Kumar Dey, residing at Bidhanpally, PO: Sripally, PS: Burdwan Sadar, District: Purba Bardhaman.
Opposite Party: 1.Axis Bank Ltd., Purba Bardhaman Branch, represented by its Branch Manager, having its office at City Tower, G. T. Road, PO. & PS: Burdwan, District: Purba Bardhaman, PIN – 713 213.
2. The Director, Axis Bank Ltd., NPCL, 5th Floor, “Gigaplex”, Plot No. I.T.5, MIDC, Airoli Knowledge Park, Airoli, Navi Mumbai – 400 708.
Present:
Hon’ble President: Smt. Jayanti Maitra (Ray).
Hon’ble Member: Smt. Nivedita Ghosh.
Hon’ble Member: Dr. Tapan Kumar Tripathy.
Appeared for the Complainant: Ld. Advocate, Kailash Dutta.
Appeared for the Opposite Party No. 1: Ld. Advocate, Dipankar Roy.
Order No. 06, Dated: 05.03.2018
This order is arising out of the petition filed by the complainant on 28.02.2018 stating that the complainant has filed the case against the OP on the ground of deficiency in service and unfair trade practice.
It is stated by the complainant that he had opened a Bank Account in Kankurgachi Branch, Kolkata. The complainant filed an application to transfer his account from Kankurgachi Branch, Kolkata to Burdwan City Tower Branch. The then Branch Manager of Kankurgachi Branch verbally informed to the complainant that the account has been transferred to the Burdwan City Tower
Branch. After that the complainant used to transaction in his Account in the Burdwan City Tower Branch. But from the written version filed by the OP, it has been observed that the Account has not been transferred from Kankurgachi Branch, Kolkata to Burdwan City Tower Branch. So, in accordance with the law of the CPA, 1986, the territorial jurisdictions of this case is to be determined on the basis of the Bank where the complainant opened the account. Accordingly, the case is not maintainable before this ld. Forum in accordance with the law as there is no account of complainant in the Axis Bank Ltd. at Burdwan Branch. As such the complainant has filed this petition before this Forum praying for return of the plaint to file before the appropriate Forum/Commission. The complainant has prayed to pass necessary order of return of the complaint with liberty to file the same before the appropriate Forum/Commission in accordance with law. The copy of this petition has been received by the OP-1 on 28.02.2018.
Heard the matter from the ld. Advocate of the complainant and also from the OP-1.
It is seen from the record that the complainant has filed the case against the OP-1 & 2. From the cause title it is seen that the address of the OP-1 is within the territorial jurisdiction of this Ld. Forum.
As the complainant has filed the petition with a prayer to withdraw the case and return of the plaint on the ground of territorial jurisdiction with a liberty to file the same before the appropriate Forum/Commission, we are of the opinion that the prayer of the complainant for withdrawal of the complaint and return of the complaint with a liberty to file before the appropriate Forum/Commission should be allowed.
Hence, it is
O r d e r e d
that the Consumer Complaint being No. 245/2017 be and the same is disposed of on withdrawal with a direction to return the plaint to the complainant with a liberty to file the same before the appropriate Forum/Commission within 45 (forty five) days from the date of passing of this order.
Let plain copies of this order be supplied to the parties free of cost as per provisions of law.
Dictated & Corrected by me: (Jayanti Maitra (Ray)
President
(Tapan Kumar Tripathy) DCDRF, Burdwan
President
DCDRF, Burdwan
(Tapan Kumar Tripathy) (Nivedita Ghosh)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
