Hon’ble Mr. Ajeya Matilal, Presiding Member

The Appellant is present in person.

Ld. Counsel Ms. Soni Ojha is present in virtual mode on behalf of the Respondent.

Being aggrieved by and dissatisfied with Order of DCDRC, Kolkata, Unit-II vide Order No.3 dated 15.01.2021 dismissing the complaint case No.298/2020 as not admissible, the Appellant/Complainant preferred this Appeal.

Our attention was drawn a Writ Petition before the Hon’ble High Court in WP No.129/2021 by the Ld. Counsel of the Appellant.

It appears that the Hon’ble High Court was pleased to dismiss the Writ Petition with the observation that an opportunity should be given to the Applicant to approach before the Banking Ombudsment which shall decide the case without being prejudiced in any manner whatsoever by any of the observations made by this Hon’ble High Court and will decide the challenge in accordance with law on its own merit.  It is also submitted the Banking Ombudsman vide order dated 04.06.2021 in Complaint No.202122005000947 dated 16.04.2021 against HDFC Bank Ltd., the complaint case was closed which was non-maintainable under the Banking Ombudsman Scheme 2006.

It appears from the copy of the complaint in CC/298/2020 that the Complainant did not disclose any cause of action.

It appears that in the complaint the Complainant disclosed the fact without any cause of action.

So in view of the above observation we do not find any illegality in the impugned order.

Accordingly, the Appeal is dismissed.

The impugned order/Judgment is upheld.

Thus, the Appeal stands disposed of.

Note accordingly.

Order of stay, if there is any, stands vacated.

Let a copy of this Judgment/Order be sent to the DCDRC, Kolkata, Unit-II (Central) and the parties concerned.