The complainant Sri Nath Paswan has filed this complaint petition against Branch Manager, Central Bank of India Saraiyaganj Muzaffarpur for giving direction to o.p to withdraw the order of hold against account No.-1690224889 of the complainant .
The brief, facts of the case is that the complainant is holder of Saving Account bearing No.- 1690224889 in the bank of o.p and he is retired staff of Bihar Government. The further case is that before the years ago, he was guarantor of employee of Animal husbandry Department, Muzaffarpur namely Nandu Ram S/o Mangal Ram relevant of vill +post-Harnatha, P.S -Pakari Dayal, District-East Champaran. The further case is that the o.p company didn’t apply any proceedings for recovery of loan from borrower Nandu Ram and hold the withdrawal of Rs. from the saving account of the complainant. The further case is that due to holding of his saving account, he is bearing a heavy loss.
The complainant has filed the following documents with the complaint petition - photocopy of passbook of saving account no. 1690224889.
On issuance of notice o.p didn’t appear before the forum so, forum proceeded Ex. Party against o.p vide order dated 11-02-19.
The complainant Sri Nath Paswan has examined himself on oath and has filed the original copy of withdrawal slip with deposite slip.
During the course of hearing, the complainant has filed the original pass book of saving account no.- 1690224889 on direction of the forum.
Heard learned lawyer for the complainant and perused the record. The complainant Sri Nath Paswan(AW-1) has stated in his examination-in-chief that he is holder of saving account no.-1690224879 in the Central bank of India, Muzzaffarpur and the o.p has hold the withdrawal from the above saving account. Later on, the complainant has further filed affidavit of the effect that his saving account is.- 1690224889. On perusal of original passbook of saving account no.- 1690224889, it transpires that account holder has withdrawn Rs.20,000/- on 14-02-2017 and he has further withdrawah Rs.10,000/- on 31-10-2019. The complainant has not mentioned the specific date and time on which account was hold. On perusal of original pass book, it appears that withdrawing of amount was in operation before filing of the case and after filing of the case and the same is contradictory to the oral evidence. The complainant has also filed a withdrawal slip dated 01-11-19 in which ‘hold’ was mentioned without signature of anyone. This complaint petition has been filed on 12-12-2017 much prior to the filing of the withdrawal slip. So, it appears that the complainant has no cause of action before filing of the case and he has filed he withdrawal slip of 01-11-2019 to create the evidence and the same is much after filing of this complaint case. So, it is clear from the evidence adduced on behalf of complainant that the complainant has no cause of action to file this complaint petition.
On the basis of above discussion we are of the opinion that the complainant failed to establish his case and the same is liable to be dismissed.
Accordingly, the complaint petition is dismissed Ex. Party.