Date – 18.02.2022
SRI SWADES RANJAN RAY
President
After receiving summon Opposite Parties remain absent without any step. Hence, this case is proceeded ex parte against all the Opposite Parties.
Facts of this case, in short, is that the Complainant is a account holder under MDSS scheme under the Opposite Parties vide A/C No.0419010113293 Customer Id. No.-10368769.
That the Complainant deposited his premium through agent appointed by the bank authority vide Code No. 1796 (Name of Agent – Gopal Chandra Mondal). Under this scheme Complainant deposited the amount in the said scheme and the amount was matured on 03.07.2020 and matured value is ₹5,12,540/- (Rupees Five lakh Twelve thousand Five hundred and Forty only).
That on 03.07.2020, the said amount i.e. ₹5,12,540/- (Rupees Five lakh Twelve thousand Five hundred and Forty only) was debited in favour of Subham Mondal the son of Gopal Chandra Mondal (Agent) and the said amount was debited without his consent illegally in favour of Subham Mondal.
Hence, this case,
Points for decision
- Whether Complainant has any cause of action to file this case or not?
- Whether there is any deficiency of service on the part of Opposite Parties or not?
- Whether Complainant will entitle to get any relief /reliefs as prayed for or not?
Decision with reason
All these points are taken up together for sake of convenience and brevity.
I have carefully perused the petition of complaint, affidavit in chief and available documents. It appears from Para 18 of the complaint that the United Bank of India merged with Punjab National Bank. In spite of that knowledge, the Complainant did not made party to the Punjab National Bank. Hence, in my view, this case is defect of necessary parties.
The main and only allegation is that Deputy Branch Manager or employee of bank forged his signature and illegally withdrawn the money of ₹5,12,540/-. The allegation made by the Complainant is purely a criminal one, not under the purview of the Consumer Protection Act, 2019.
Hence, it is within the purview of the criminal court. Complainant approaches in a wrong forum. Hence, in my view, there is no cause of action to file this case under the Consumer Protection Act.
Hence, the complaint case is liable to be dismissed.
All the points disposed of accordingly.
In the result, this complaint case fails.
Court Fee paid correct.
Hence, it is
O R D E R E D
that the Complaint Case be and the same is dismissed ex parte against all the Opposite Parties.
This case will not create a bar to file a fresh case before the appropriate court for proper relief accordingly.
No order as to cost.
Hence, this complaint case is disposed of accordingly.
Let a copy of this judgement be supplied to all the parties at free of cost.
