DATE OF FILING 22.09.2015.
DATE OF S/R 26.11.2015.
DATE OF FINAL ORDER 17.02.2017.
Pradip Kumar Sarkar,
son of late P.K. Sarkar,
residing at Railway Quarter Kamrangu,
P.S. Sankrail, near Kalimandir, Howrah,
PIN 711302............................................................................................................... COMPLAINANT.
Axis Bank,
52, Abani Dutta Road,
P .S. Golabari,
Howrah 711101.......................................................................................................OPPOSITE PARTY.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak.
F I N A L O R D E R
- This is an application U/S 12 of the C.P. Act, 1986 filed by the petitioner, Pradip Kumar Sarkar, praying for direction upon the o.p. Bank, not to harass the petitioner and his family and make an arrangement for enquiry into the matter of the alleged loan which was made by forged document by some other persons and to pay compensation of Rs. 1 lakh to the petitioner for such deficiency in service, harassment and mental agony.
- The case of the petitioner is that he has a savings bank account under o.p. Axis Bank, Howrah, being account of no. 914010023894023 of joint account holder with the nominee named Malati Lata Sarkar. Following a newspaper advertisement the petitioner went to the bank for a home loan and those people of the financier with their office at 3,Mango Lane, got few photographs and their voter's I.D. card and PAN card and twoblank cheque with endorsement 'cancel'. A few months later those persons informed him that his application for home loan has been declined by the bank and when the petitionerwanted to get back his account then they told that the documents were deposited in thebank stating that he has taken a personal loan of Rs. 2,70,000/- from Kolkata RSC Branch and said loan was disbursed on 13.6.2014 and be repaid by 60 monthly instalments of Rs. 6,710/- each with rate of interest 17% and the first instalment be paid on 05.7.2014 and the last one by 05.6.2019. The petitioner went to the bank and came to know that loancheque was deposited in that account on 05.6.2014 and was withdrawn on 7.6.2014 and a few instalments of Rs. 6,710/- was deposited from various parts of Kolkata and Howrah.The matter was intimated to the Golabari P.S. It is true that the petitioner is a consumerbut the said bank without verifying the signature of petitioner and without giving any message as to such cheque deposit and withdrawal of the same and also the bank did not verify the said document and such acts of the bank amounted to deficiency in service on their part.
- The o.p. bank though served with notice did not appear in the case and thus the case was heard ex parte against them.
4. The only point to be decided herein is whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- In support of his case the petitioner filed affidavit in evidence as well as documents being the payment schedule of the personal loan amounting to Rs. 2,70,0001- and to be repaid by 60 monthly instalments of 6,710/- each. He also filed his statement of account from 01.6.2014 to 31.8.2014 and 01.9.2014 to 30.11.2014 and 01.12.2014 to 31.3.2015 and01.4.2015 to 23.6.2015. He also filed his statement of accounts from 24.6.2000 to 24.6.2015. It Is noticed from the above documents that the paid instalments were more than twelve. But from his prayer it is not understood actually what he prayed for and such an order cannot be passed by this Forum in advance that the o.p. bank would not harass him and his familyand also direct the o.p. bank to make proper enquiry and police investigation. The averments made in the petition is vague and since beginning the petitioner suppressed many a facts. His prayers are also ambiguous and unascertained over which no concrete order could be passed and sometimes this Forum has no jurisdiction to pass such an order in the form of permanent injunction as prayed for in prayer 'A' or direct the police authority to start investigation which is beyond jurisdiction of Forum. In prayer ‘B’ it is noticed that documents were forged and fraudulent sanction was obtained and in such case of fraud this Forum cannot entertain the case. Overall the case being accumulation of scattered facts in suppression of material facts, the petitioner by filing this case made misuse of the process of Forum and he has not approached the Forum in clean hands and wanted the Forum to pass an order keeping in the Forum in the dark.
In the result, the application fails.
Court fees paid is correct.
Hence,
O R D E R E D
That the C. C. No. 330 of 2015 be and the same is dismissed on contest without
costs against the O.P. Bank.
Supply the copies of the order to the parties, free of costs.
DICTATED & CORRECTED
BY ME.
( B. D. Nanda )
President, C.D.R.F., Howrah.
