West Bengal

Siliguri

CC/83/2018

RABIN RAKSHIT - Complainant(s)

Versus

BRANCH MANAGER,PNB - Opp.Party(s)

ASIR BHOWMICK

03 Aug 2018

ORDER

District Consumer Disputes Redressal Forum, Siliguri
Kshudiram Basu Bipanan Kendra (2nd Floor)
H. C. Road, P.O. and P.S. Prodhan Nagar,
Dist. Darjeeling.
 
Complaint Case No. CC/83/2018
( Date of Filing : 24 Jul 2018 )
 
1. RABIN RAKSHIT
S/O Shri Ranjit Rakshit, Guru Saday Dutta bye lane, South Bharat Nagar, Near Fuleshwari Bazaar, P.O-Siliguri Town, P.S..- Siliguri, Dist-D arjeeling,pin-734007. W.B
...........Complainant(s)
Versus
1. BRANCH MANAGER,PNB
Sevoke road, Br. P.O. & P.S.-Siliguri,Dist-Darjeeling,pin-734001.
2. MANAGING DIRECTOR & CEO
Punjab National Bank,Plot No-4,Sector-10, Dwarka,New Delhi-10075.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Shri Subhabrata Chaudhuri PRESIDENT
 HON'BLE MR. Shri Tapan Kumar Barman MEMBER
 HON'BLE MRS. Smt. Pratiti Bhattacharyya MEMBER
 
For the Complainant:ASIR BHOWMICK, Advocate
For the Opp. Party:
Dated : 03 Aug 2018
Final Order / Judgement

To-day is fixed for admission hearing.

                             Ld advocate for the complainant filed hazira.

          Heard the Ld advocate. Perused the complaint and documents thereto.

          The case of complainant is, in brief, that he had received a cash credit facility of Rs.40,00,000/- in 2012 from the OPs. The complainant, due to financial crisis, was unable to continue the said cash credit account which became NPA as per Bank’s terms and condition. The complainant gave a compromise proposal to the OPs on 03.03.2018 and again 28.03.2018 but the OPs declined the compromise proposal.  The complainant paid Rs.5,00,000/- through a demand draft along with the compromise proposal.  But the complainant, from the print-out of his loan statement, noticed that the said amount of Rs.5,00,000/- was realized but the same was not adjusted in complainant’s loan account.  Hence is the case.

It is seen that the C.C. loan amounts to Rupees 4,00,0000/- and while it is added with the compensation and other cost as claimed in the instant complaint is added then it is found in totality it well exceeds beyond Rs.20,00,000/-.  The District Forum as per Section 11(1) of the C.P Act 1986 cannot entertain any complaint which exceeds the limit of Rs.20,00,000/- as pecuniary jurisdiction and this pecuniary jurisdiction is nothing but the monetary jurisdiction in consumer disputes, in order to evaluate the value, the amount claimed as compensation will also be added to the value of goods or services.

          On this backdrop of pecuniary ambit, this Forum is of considered view that this case is not a deserving one to be admitted.  As a logical corollary, this instant case is not admitted.

 

 

 
 
[HON'BLE MR. JUSTICE Shri Subhabrata Chaudhuri]
PRESIDENT
 
[HON'BLE MR. Shri Tapan Kumar Barman]
MEMBER
 
[HON'BLE MRS. Smt. Pratiti Bhattacharyya]
MEMBER

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