Bihar

Muzaffarpur

CC/148/2017

Shree Nath Paswan - Complainant(s)

Versus

Branch Manager, Central Bank Of India - Opp.Party(s)

Sunil Kumar Panday

17 Jun 2020

ORDER

DISTRICT CONSUMER FORUM, MUZAFFARPUR
BIHAR
 
Complaint Case No. CC/148/2017
( Date of Filing : 12 Dec 2017 )
 
1. Shree Nath Paswan
Muzaffarpur
...........Complainant(s)
Versus
1. Branch Manager, Central Bank Of India
Sariyaganj Main Road, Muzaffarpur
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Anil Kumar Singh PRESIDENT
 HON'BLE MR. Dr. Narayan Bhagat MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 17 Jun 2020
Final Order / Judgement

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.

 
 
[HON'BLE MR. Anil Kumar Singh]
PRESIDENT
 
 
[HON'BLE MR. Dr. Narayan Bhagat]
MEMBER
 

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