Complainant files hajira.  Fixed for hearing of the petitions filed by the Complainant and O.P. on 22-08-2017.

No step is taken by the O.P.

It appears from the record that sufficient time has been given to the O.P. for hearing on the above mentioned petitions  but the O.P. has not appeared for hearing.

Hence, we have heard Ld. Lawyer for the Complainant regarding those petitions.

Let the petitions be registered as Misc. Case No.03 of 2018.  Heard, Perused the petitions and materials on record.

Ld. Lawyer for the Complainant filed the petition dated 22-08-2017 stating that the original  Complainant of this case has been expired during the pending of this case on 04-07-2017 and being the legal heirs Mrs. Kalyani Mondal, W/o the Complainant wanted to contest this case as a party.  The O.P. did not file any written objection regarding the matter.

It appears from the record that Gopal Chandra Mondal, the Complainant filed this case on 30-01-2017 and the death certificate filed by Ld. Lawyer for the Complainant shows that Gopal Chandra Mondal expired on 04-07-2017.  It also appears from the record that this case has been filed against the dispute arrised in the Savings A/c bearing no.22382534932 of Allahabad Bank, Namo Anchuri Branch which has been opened jointly in the name of the Complainant, Mr. Gopal Chandra Mondal and his wife Ms. Kalyani Mondal. 

Besides, another petition filed by the Ld. Lawyer for Complainant with affidavit on 14-11-2017 stated that Ms. Kalyani Mondal is the wife of the deceased Gopal Chandra Mondal.  Therefore, as per sec 2(1)(b)(v) of the Consumer Protection Act, 1986, there is no impediment to allow Mrs. Kalyani Mondal, the legal heir of the original Complainant to contest with the case as a Complainant.

Accordingly, Mrs. Kalyani Mondal is allowed to contest the present case as a Complainant.

On the other hand the O.P. filed a petition dated 22-08-2017 with allegation that the Complainant did not secure the Xerox copy of Pass Book as per the order dated 19-06-2017 of this Forum rather he served the copy of statement given by the Bank to him and for that reason the O.P. could not prepared the W.V.

The Complainant has filed a written objection against this petition stating the petition is vague, malicious and without any basis.

In this regard we have verified the record of this case and there is no such order passed by this Forum on 19-06-2017.  Moreover, the Pass Book has been issued by the Bank. So, the Bank must have the record of his own documents in his office.  Therefore, the allegation made in the petition of the O.P. is not tenable at all and hence the petition is rejected.  Since the O.P. has not appeared today the case shall be proceeded exparte against the O.P.

Thus the Misc.  Case no.03 of 2018 be and same is disposed of.

To 21-05-2018 for exparte hearing.