West Bengal

Kolkata-I(North)

CC/98/2024

Brij Kishore Prasad - Complainant(s)

Versus

Islami Bank Bangladesh Limited - Opp.Party(s)

Ashok Kumar Sil, Asit Kumar De, Rami Das Chatterjee

22 Jul 2024

ORDER

Consumer Disputes Redressal Commission, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Complaint Case No. CC/98/2024
( Date of Filing : 15 Jul 2024 )
 
1. Brij Kishore Prasad
S/o Late Baleshwar Prasad, At Ashrampara, Pakurtala More, Siliguri, West Bengal, 734001, P.S. Siliguri.
...........Complainant(s)
Versus
1. Islami Bank Bangladesh Limited
Office at Noapara Branch, Noapara, Avoyanagar, Jessore, Bangladesh.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. Firoza Khatoon PRESIDENT
 HON'BLE MR. Sailaranjan Das MEMBER
 HON'BLE MRS. Maitreyee Chakraborty MEMBER
 
PRESENT:Ashok Kumar Sil, Asit Kumar De, Rami Das Chatterjee, Advocate for the Complainant 1
 
Dated : 22 Jul 2024
Final Order / Judgement

Order no. 2                          Date.22.07.2024

Ld. Advocate for the complainant is present.

The case is taken up for admission hearing.

Complainant has filed the case under the Consumer Protection Act, 2019 against the sole opposite party ‘Islamia Bank Bangladesh Limited’, having its office at Noapara Branch, Noapara, Avoyanagar, Jessore, Bangladesh.

It appears from the cause title of the complaint application that the complainant’s address is Ashrampara, Pakurtala More, P.S.-Siliguri, West Bengal, Pin-734001. Neither the complainant nor the opposite party resides or carrying on business or having branch office within the territorial jurisdiction of this Commission.

Ld. Advocate for the complainant submits that the sole opposite party received all documents submitted by the complainant through Bank of India, SME Branch, 23, Netaji Subhas Road, P.S. Hare Street, Kolkata but we find, Bank of India, SME Branch is not a party to the case.

It is the case of the complainant that the complainant has availed service from the opposite party but the opposite party has failed to provide service and the details of the deficiency in service is described in the complaint application.

It is apparent on the face of the record that the sole opposite party is ‘Islamia Bank Bangladesh Limited’ situated in Bangladesh. There is no branch of Islamia Bank Bangladesh Limited in India.

Therefore, the ‘Islamia Bank Bangladesh Limited’ cannot be termed as service provider under the Consumer Protection Act, 2019 in view of section -1 of the Consumer Protection Act, 2019.

In view of the discussion made above, we are of the opinion that the complaint case is not maintainable in law and is liable to be rejected.

Hence, it is

O R D E R E D

that the complaint case be and the same is dismissed as not maintainable in law.

 
 
[HON'BLE MRS. Firoza Khatoon]
PRESIDENT
 
 
[HON'BLE MR. Sailaranjan Das]
MEMBER
 
 
[HON'BLE MRS. Maitreyee Chakraborty]
MEMBER
 

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