West Bengal

Birbhum

CC/32/2020

Naba kr. Ghosh - Complainant(s)

Versus

Branch Manager in charge ,Birbhum District Central Co Operative Bank Ltd. - Opp.Party(s)

Md Khaliquzzaman Mollah

19 Jan 2021

ORDER

Order No. 11/dtd. 19.01.2021.//Today complainant files Ld. Advocate Hazira along with a petition for amendment of the Complainant petition as per ground stated there in.

Hd. the Ld. Advocate of the complaint on the point of admissibility. Perused the petition of the complaint and other relevant documents.

            It appears from the case record that the complainant took a bank loan from the OP Central Cooperative bank mortgaging the suit property and depositing as fixed deposited Rs. 2, 00000/- as security.

Complainant thereafter repaid the loan to some extended and the said loan is till existing. The complainant alleged against the Bank that the OP/Bank has issued a notice on 11/12/2020 to the complainant that the OP/Bank would sell out the suit property/mortgage property due to default of payment by the complainant.

Here in our view that the complainant is not a consumer under the Ops as per U/S 2(7) at the CP Act 2019 and the dispute is not a consumer dispute any all and the OP/Bank did not render any service as per definition of service as provided U/S 2 (42) of the CP Act 2019.

More so the subject matter of the consumer complaint is an immovable property and the complainant mortgaged the said property to the OP/Bank and it is settled principal of law that the Consumer Forum/Commission cannot entertain/try or adjudicate any matter where the subject matter is an immovable property and therefore in our considered opinion that the present Consumer complaint is not maintainable before the District Commission.

In the light of the above discussion we are of the opinion that the complainant is not a consumer under the Ops and the dispute is not a consumer dispute at all and the District Commission has no jurisdiction to entertain, try or adjucate the case as the property involved is immovable in nature and therefore the case is dismissed without being admitted.

Further, there is no scope for amendment before admission. As the CC Case is dismissed consequently the petition field today is also rejected. The complainant may ventilated his grievance before the appropriate Forum Court of Law for his proper redressal.

Hence it is ordered,

            That the CC Case No. 32/2020 is here by dismissed without being admitted.  

            Copy of this order be supplied to the parties each at free of cost as per CPR 2020.

 

An application has been filed by the complainant U/S 35 of the CP Act 2019 alleging deficiency in service against the OP.

            The case is heard on the point of admissibility and as the case is not main table the order has been passed by the District Commission being Order No. 11 dated 19/01/2021 and the case is dismissed as per the discussion maid in the said order i.e. Order No. 11 should from the part of this order.

            Hence it is ordered,

            That the CC Case No. 32/2020 is here by dismissed without being admitted.