Today is fixed for admission hearing. After hearing the Ld. Advocate of the Complainant and giving due consideration to the recitals of the petition of complaint, we see that the Complainant’s grievance relates to a fraudulent transaction which was made by the Complainant’s friend namely Mr. Dito Sarkar taking advantage of his fidnciary relationship with the Complainant. It has been submitted by the Ld. Advocate of the Complainant that a fraud committed upon the Complainant by his friend and taking advantage of his simplicity. It is the case of the Complainant that since some foul play was committed by his friend in relation to his Debit Card the Complainant blocked the card. But his friend subsequently manage to get the same reissued and to procure a loan from the Bank. The Bank has since been collecting EMI for the said loan. But we fail to get at sufficient materials to show up any foul play or deficiency on the part of the Bank concerned. Really the Complainant has been spelt out any grievance as against the Bank. All of his grievances are directed against his friend. But the Complainant has filed this case against the Bank only seeking reliefs. He also filed criminal case against Mr. Dito Sarkar. We are unable to discover any deficiency of service on the part of the Bank. Therefore, the case is not maintainable as against the Bank only. Hence it is ordered that the case be and the same is dismissed as being not admitted.       

The complainant is also at liberty to get return the copy of the complaint and the documents from the appropriate authority of this Commission as the complaint is not admitted. In this respect the complainant is further directed to submit a separate application praying for return of the abovementioned documents. The appropriate authority of this Commission is hereby directed to take necessary step upon receipt of the application from the complainant so that the complainant can get return of the aforementioned without any further delay.

Let plain copy be given to the parties free of cost, as per CPR. 

Dictated and corrected by

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT