Order-16.

Date-16/10/2015.

This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint has submitted that complainant opened a Savings Bank Account and its balance amount is Rs.15,00,367/- and a current account of Rs.6,65,250/- in the OPs Bank having account No.084919300002442 and Current Account No. is 08498620000626 and another Current Account No. is 08498620000626 and both the accounts were opened and affirmed by the OP1 HDFC Bank.  But suddenly the said account was freezed and complainant was not allowed to operate the same without giving any notice from the Bank.

          Complainant did not take any loan, draft or credit card from the said bank in respect of the said account.  OP Bank did not have any dues payable to the Bank as no credit facility is obtained by the complainant so, there is no legal option of the said Bank to withhold or seize the account having total balance of more than 22 lakhs.  Complainant is a consumer as per definition of Section 2 of the said Act and the said bank deduct various fees for services provided by them in perusal of the operation of the said account and in fact, without any legal ground OPs are not permitting the complainant to operate the said accounts for which complainant has filed this complaint praying for directing the OP to allow the complainant to operate the said accounts and for compensation.

          On the other hand, OP1 Bank by filing written statement has submitted that the complaint is not maintainable in view of the bank account as it was opened at Coochbehar Branch of HDFC and passbook etc. was issued by the Coochbehar Branch of HDFC.

          Fact remains, in connection with Falakata P.s. Case No.89/13 dated 11-03-2013 u/s.406/420/34 IPC the said account was freezed during investigation of the case and accordingly it is still freezed.  No order is submitted by the complainant that the concerned court defreezed the account or the said account is freed from any legal obligations.

          Further the value of the entire amount is Rs.22 lakhs so this Forum has no jurisdiction at the same time there is no transaction in between the complainant and the OP1, the head office.  The head office did not issue the account and there is no transaction in between the complainant and the OP1 and fact remains complainant’s address of Bank Branch is N.N. Road, Coochbehar where complainant holds his account and complainant’s address is Headyet Nagar, LL Joteswar, Falakata, Jalpaiguri, near Radha Madan Mohan Medical that is within the district of Jalpaiguri.  So, this Forum has no jurisdiction to decide the case so, the present complaint should be dismissed and there is no question of deficiency, negligence on the part of the OP for which the complainant should be dismissed.

Decision with Reasons

On hearing the Ld. Lawyers of both the parties and also considering the complaint of the complainant it is found that the disputed accounts were issued by HDFC Bank Ltd., N.N. Road Coochbehar and bank account had already been operated by the complainant from that bank.  No part of transaction is made in between the complainant and the HDFC bank having its office at 8, N.S. Road, Gillender House, P.S. Bowbazar, Kolkata.  It is found that total amount of the account as claimed by the complainant for release is Rs.22 lakhs.  So, considering that fact it is found that this Forum has no jurisdiction to decide any dispute related to any valuation above to Rs.20,00000/- but in the present  valuation of the same dispute is Rs.22 lakhs.  So, this forum has no jurisdiction to entertain this complaint for which this Forum has no jurisdiction to decide such a dispute.

          At the same time from the account it is found all those accounts were issued by the Coochbehar Branch, HDFC and transaction was always made by the complainant from that bank and no part of transaction was made in connection with the said accounts from OP1 that is Head Office.  So, we are confirmed that this forum has no jurisdiction to decide such complaint and the dispute if any.  At the same time from the order of the Ld. Additional Chief Judicial Magistrate has not passed any such order in connection with Falakata P.S. Case No.89/13 Dated 11-03-2013 having G.R. No.481/13 that the said accounts are released  and truth is that the said account were seized on the basis of the order of the Ld. Additional Chief Judicial Magistrate, Alipurduar and fact remains complainant must have to move before the Ld. Additional Chjef Judicial Magistrate for defreezing the account at first and in fact                                            in that case Ld. Additional Chief Judicial Magistrate Aliporeduar did not pass any order for defreezing the account.  So, under any circumstances, bank has no authority to release the account for operation of the account by the complainant, apparently bank has no fault.

          In the light of the above observation and materials we are convinced to hold that for three fold grounds the complaint is not maintainable 1) Total amount of the account is Rs.22 lakhs but this Forum has jurisdiction to decide the complaint up to Rs.20 lakhs, 2) All the Pass Books or account book were issued by HDFC Coochbehar District Branch and all the transactions were made by the complainant with the bank at Coochbehar and no part of transaction was made by the complainant with OP1, the Kolkata Head Office and 3) The Ld. Additional Chief Judicial Magistrate has not yet passed any order for defreezing the accounts and so the complainant’s first option shall be to file such application before Ld. Additional Chief Judicial Magistrate for defreezing the said account of the complainant lying in the District Branch office of HDFC at Coochbehar

          In the result, the present complaint is not maintainable for want of jurisdiction and also for want of pecuniary jurisdiction and further for want of any order from Ld. ACJM for defreezing the account. So, this complaint fails. More over this complaint is filed by the complainant vexaliously and only to harass the ops without only cause.

Hence,

Ordered

That the case be and the same is dismissed on contest with a penal cost of Rs.10,000/- against the OPs and complainant practically with some purpose filed this complaint and wasted the time of this Forum and also harass the OPs without any reasons and for which complainant shall have to deposit the entire penal cost of Rs.10,000/- to this Forum within one month from the date of this order failing which penal action shall be started against him and further penal interest  at the rate of9 percent p.a. shall be imposed over the same till realization of the amount.