West Bengal

Murshidabad

CC/110/2019

Mahadeb Saha - Complainant(s)

Versus

Branch Manager, State Bank of India, Jiaganj Branch & Anr. - Opp.Party(s)

Nilabja Datta

14 Jun 2023

ORDER

District Consumer Disputes Redressal Commission
Berhampore, Murshidabad.
 
Complaint Case No. CC/110/2019
( Date of Filing : 07 Aug 2019 )
 
1. Mahadeb Saha
S/o Prafulla Kr. Saha, Vill-Enatulibagh, PO&PS-Jiaganj, Pin-742113
Murshidabad
West Bengal
...........Complainant(s)
Versus
1. Branch Manager, State Bank of India, Jiaganj Branch & Anr.
Vill&PO- Jiaganj, PS-Jiaganj, Pin-742113
Murshidabad
West Bengal
2. Regional Manager, State Bank of India,
PO&PS-Berhampore, Pin-742101
Murshidabad
West Bengal
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. AJAY KUMAR DAS PRESIDENT
 HON'BLE MR. NITYANANDA ROY MEMBER
 
PRESENT:
 
Dated : 14 Jun 2023
Final Order / Judgement

IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.

  CASE NO.-CC/110/2019

Mahadeb Saha Vs. Branch Manager &Anr.

 

23

14.06.23 

 

Today is fixed for filing evidence by the Complainant.

Record shows that the Complainant has not been taking steps for long period.

Ld. Advocate for the O.P.s is present. He prays for dismisaal of the instant complaint case on the ground that the Complainant is not at all interested in the instant case.

He further submits that the Complainant filed one complaint case before this Hon’ble Commission vide Case No. CC/156/2018 against the same Opposite Parties in respect of the same cause of action.

The Complainant failed to take steps on 17.06.2019 and also on 02.07.2019 and as such the Hon’ble Commission passed an order of Show Cause by 16.07.2019 against the Complainant.

In spite of that the Complainant did not file show-cuase and as such the Hon’ble Commission dismissed the case.

Now, the Complainant filed the same case without mentioning the previous case number and as such the instant case is not maintainable.

He further submits that the Complainant filed the instant case with the relief sought for :

  1. That an order may kindly be passed in favour of this Complainant and against the O.P.s directing the O.P.s to credit the account in a tune of Rs. 2065/-, & Rs. 1180/- respectively and Rs. 50,000/- towards mental agony, pressure upon mind and physic, to this Complainant.
  2. That an order may kindly be passed in favour of this Complainant and against the O.P.s directing the O.P. to pay all costs of the case to the Complainant.
  3. That an order may kindly be passed in favour of this Complainant and against the O.P.s, which may be available under, Law and Equaity and which may Your Honour Deems fit and proper.

Then the Ld. Advocate for the O.P.s further submits that Rs. 2065/- and Rs. 1180/- were refunded to the Complainant on 29.11.2018 and 29.11.2018 respectively and the instant case was filed on 07.08.2019 and as such the Complainant had no cause of action to file the instant complaint. He prays for dismissal of the instant case.

The Ld. Advocate for the O.P.s filed the copies of relevant documents. On perusing the same we find that the arguments made by the Ld. Advocate for the O.P.s tally with the copy of documents submitted by him.

Such being the position we are of the view that the instant case is liable to be dismissed on merit against the O.P.s.

   Hence, it is

 ORDERED

that the instant Complaint Case No. CC/110/2019 be and same is dismissed on merit but under the circumstances without any costs.

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                                                                            President

 

 
 
[HON'BLE MR. AJAY KUMAR DAS]
PRESIDENT
 
 
[HON'BLE MR. NITYANANDA ROY]
MEMBER
 

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