Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No. 36 / 2008

1)           Smt. Ibha Roy Chowdhury,

127, Harish Mukherjee Road, Kolkata-26.              ---------- Complainant

1)           Branch Manager, United Bank of India,

Present :        Sri S. K. Majumdar, President.

                        Smt. Jhumki Saha, Member.

Order No.     2 1   Dated  2 3 / 0 3 / 2 0 1 0 .

Complainant Smt. Ibha Roy Chowdhury initially filed a petition of complaint u/s 12 of the C.P. act, 1986, (as amended up to date) on 1.2.08 against the Branch manager, United Bank of India with a prayer for issuing direction upon the o.p. United Bank of India to activate her bank account no.413534. But in her petition of complaint dt.1.2.08 in paragraph 5, she has made certain averments regarding her banking transaction with United Commercial Bank, Sadananda Road Branch and the Manager of the said bank introduced her son Avijit Roy Chowdhyry as the joint holder with herself in place of her deceased husband in A/C no.3239. But in the original petition of complaint dt.1.2.08, neither UCO Bank, Sadananda Road Branch, nor her son Avijit Roy Chowdhury have been impleaded.

          In her subsequent petition dt.19.3.08, she has impleaded Avijit Roy Chowdhury as o.p. no.2. But even thereafter, UCO Bank has not been impleaded as one of the o.ps., who is a necessary party in this case.

It appears on perusal of the record that on 19.3.08, complainant filed a fresh complaint in connection with her complaint dt.1.2.08. But no liberty whatsoever has been prayed for by the complainant for filing a fresh petition of complaint on 19.3.08. Even in her petition of complaint dt.19.3.08 only she has impleaded UBI and her son, Avijit Roy Chowdhury, but not the UCO Bank. And in her petition of complaint dt.19.3.08, she has stated something about UCO Bank, Sadananda Road Branch. Accordingly, we hold, in view of the averment made out in the petition of complaint dt.19.3.08, UCO Bank is necessary party and without impleading UCO Bank, Sadananda Road Branch the case will be rendered and treated bad for non-joinder of necessary party. Accordingly, we pass the following order :

          The petition of complaint dt.1.2.08 and 19.3.08 stands dismissed with a liberty given to the complainant to file a fresh petition of complaint on the same cause of action impleading therein the necessary parties.

          Supply certified copy of this order to the parties on payment of prescribed fees.

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