| Complaint Case No. CC/52/2023 | | ( Date of Filing : 08 Aug 2023 ) |
| | | | 1. Nikhil Ranjan Manik | | S/O.: Late Pulin Behari Manik, Vill. & P.O.: Dabuapukur, P.S.: Panskura, PIN.: 721634 | | Purba Medinipur | | West Bengal |
| ...........Complainant(s) | |
| Versus | | 1. Manager (Punjab National Bank) | | Purusattampur Branch, P.O.: Raghunath Bari, P.S.: Panskura, PIN.: 721634 | | Purba Medinipur | | West Bengal |
| ............Opp.Party(s) |
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| Final Order / Judgement | Ld Advocate for the petitioner is present. Judgement is ready to deliver and pronounced in open Commission in 3 pages 2 separate sheet of papers. BY - SRI. SAURAV CHANDRA, MEMBER - Brief facts of the Complainant’s case are that the Opposite Partyisa Bank from which the Complainant took Cash Credit Loan amounting to Rs.3,50,000.00 for his business under the name and style of STAR ELECTRIC by depositing security against a Blank Cheque No.448041 drawn on Punjab National Bank, Purushottampur Branch as well as the following Investments :-
SL. NO. | NATURE OF DOCUMENTS | NUMBER | AMOUNT (RS.) | DATE OF ISSUE | DATE OF MATURITY | 1. | KVP | 63BC824197 | 5,000.00 | 03.06.2010 | 03.01.2019 | 2. | NSC | 02NA299379 | 10,000.00 | 20.06.2012 | 20.06.2022 | 3. | NSC | 02NA299378 | 10,000.00 | 20.06.2012 | 20.06.2022 | 4. | NSC | 28EF229298 | 10,000.00 | 23.08.2013 | 23.08.2018 | 5. | NSC | 28EF229299 | 10,000.00 | 23.08.2013 | 23.08.2018 | 6. | NSC | 05NA438720 | 10,000.00 | 06.12.2013 | 06.12.2023 | 7. | PNB (F.D) | EJPO16999 | 10,000.00 | 13.10.2014 | 13.01.2017 | | | TOTAL: | 65,000.00 | | |
- Out of the above security deposits, Sl.No.1 to 5 and 7 respectively matured and Sl.No.6 immature. The Complainant vide a Letter dated: 16.10.2022 requested the Op to renew the matured security deposits or where about of the scheduled documents but, the Op did not pay any heed to it.
- Therefore, the Complainant issued two Legal Notices dated: 21.03.2023 and 12.04.2023 respectively to the Op to know about the Maturity amount and for recovery of the schedule security deposits but, the Op did not turn up.
- The cause of action of this case arose on and from 12.04.2023.
- To issue Notice upon the Op.
- To pass an order for Returning the Scheduled Documents from the custody of the Op or to disclose the entire amount of the Schedule Documents.
- To pay Compensation of Rs.10,000.00 towards harassment, mental pain and agony.
- Any other reliefs.
- Notices were duly served upon the Op but, the Op has preferred to see that the case be decided ex-parte against it.
- Under the above circumstances, the Complainant has prayed for ex-parte order against the Op.
- Points for determination are:
- Is the case maintainable in its present form and in law?
- Is the Complainant entitled to the relief(s) as sought for?
- Decision with reasons
- Both the points I and II, being inter related to each other, are taken up together for discussion for sake of brevity and convenience.
- We have carefully perused the Petition of the Complainant alongwith all papers and other documents.
- Having regards had to the facts and circumstances of the case in the light of evidence, it is evident that there is no dispute that Complainant is a consumer having grievances against the Op,as such the case is maintainable in its present form and in law.
- In the instant case, the Complainant submitted a list of documents containing the copy of Letter dated: 16.10.2022, Legal Notices dated: 21.03.2023 and 12.04.2023issued by the Complainant; Closure Intimation Letter Ref. No. RBI/CMS/N202324023047366/2023-24, dated: 04.05.2023 issued by RBI (CRPC) against Complaint No.N202324023047366, dated: 02.05.2023, copy of Cancelled PNB Cheque No.448041, One LIC Renewal Premium Receipt vide Sl.No.B1646855, dated: 16.01.2017 against Policy No.459473828.
- From the materials on record, it is carefully observed that the Complainant has failed to submit the Loan Agreement as well as present status of such loan. It is not the case of the Complainant that in spite of payment of loan amount in full, the documents has not been released. He has not pleaded any ground as to why the said documents have not been released by the Op. He has not assigned any ground as to why the Op failed to release the said documents. Moreover, this Commission has not filed any Acknowledgment of such FDs and Blank Cheque. Moreover, the Complainanthas submitted the copy of a Blank Cancelled Cheque which does not mean Blank Cross Cheque.
- The Complainant has failed to prove the Elements of Negligence, Unfair Trade Practice and Gross Deficiency in Service against the Op. Therefore, the Complainant is not entitled to any relief against this case.
- Accordingly,both the points are decided.
- Thus, the complaint case is not succeeds.
Hence, it is O R D E R E D That, the CC-52 of 2023 be and the same is dismissed ex-parte against the Op. Let a copy of this judgment be provided to the Complainant free of costs. The judgment be uploaded forthwith on the website of the Commission for the perusal of the parties. File be consigned to record section along with a copy of this judgment. | |
