IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/83/2019.
Date of Filing: Date of Admission: Date of Disposal:
04.07.19 17.07.19 08.12.22
Complainant: Jagadish Mondal, M/S. Modern Entrepreneur
S/O Kailash Chandra Mandal, Vill-Joggerwarpur,
PO-Beniagram, PS-Farakka, Pin-742212
-Vs-
Opposite Party: Branch Manager, State Bank Of India, Andua Branch
Po-Nabarun, PS-Farakka, Pin-742236
Agent/Advocate for the Complainant : Animesh Guin
Agent/Advocate for the Opposite Party No.1 : None
Present: Sri Ajay Kumar Das………………………….......President.
Sri. Subir Sinha Roy……………………………….Member.
Smt. Aloka Bandyopadhyay……………………..Member.
FINAL ORDER
Sri. Ajay Kumar Das, Presiding Member.
This is a complaint under section 12 of the CP Act, 1986.
Complainant M/s. Modern Entrepreneur, represented by Jagadish Mondal, S/o Kailash Chandra Mandal, Vill- Joggerwarpur, PO-Beniagram, PS-Farakka, Pin-742212, Dist-Murshidabad filed this case against the OP Branch Manager, State Bank of India, Andua Branch, PO-Nabarun, PS-Farakka, Dist-Murshidabad, Pin-742236 with the allegation of gross negligence and deficiency and unfair trade practice on the part of the Opposite Party in rendering service.
The Complainant prays for directing the OP:
- to unfreez the current account vide No. 33417757088 with the State Bank of India Andua Branch;
- to withdraw the telephonic message through with the account freezed.
- to pay the amount of Rs. 5,00,000/- to the Complainant for mental agony pain and anxiety;
- to pay the amount of Rs. 5,00,000/- to the Complainant for unnecessary harassment and unfair trade practice;
- to pay the amount of Rs. 15,000/- to the Complainant for litigation cost.
Decision with Reasons:
The Complainant filed this case on 04.07.19 and the said case was admitted on 17.07.19. It appears from the order dated 30.08.19 that notice had been served upon the OP on 20.07.19 but the OP did not turn up and for that reason the case is being proceeded ex-parte against the OP, fixing 24.10.19 for evidence by the Complainant. Subsequently the case was adjourned on 24.10.19 and 18.11.19 on the prayer of the Complainant. The record shows that the Complainant has not been taking steps since 26.12.19. Thereafter, it was ordered on 24.02.20 that the Complainant was to show cause as to why the case should not be dismissed for non-prosecution but the Complainant did not file show cause. On the contrary the Complainant has not been taking any steps till date i.e. 08.12.22.
However, we peruse the complaint and the relevant documents. The Complainant has not filed any original document in support of his case. Non absence of the Complainant for a long period and not filing the original documents indicate that the Complainant is not interested in this case. And it also indicates that the Complainants case has no merit. Such being the position the instant case is liable to be dismissed ex-parte.
Reasons for delay
The Case was filed on 04.07.19 and admitted on 17.07.19. This Commission tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day orders.
In the result, the Consumer case fails.
Fees paid are correct. Hence, it is
Ordered
that the complaint Case No. CC/83/2019 be and the same is dismissed ex-parte on merit against the OP.
Let plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand /by post under proper acknowledgment as per rules, for information and necessary action.
The Final Order will also be available in the following Website:
confonet.nic.in
Dictated & corrected by me.
President
Member Member President.
