KUNDAN KUMAR KUMAI                                                     

This is an appeal under Section 41 of the Consumer protection Act 2019, preferred against the judgment/ order dated 21/02/2023 passed by the Ld. DCDRC, Cooch Behar in CC/43/2022.

The appellant’s case in brief is that, the respondent/complainant having an account being no. 50100328707971 and ATM card being no. 438624360260 of the appellant bank, had gone to withdraw Rs. 20,000/- (Twenty thousand) only on 06/11/2020. But the ATM did not dispense the cash, even though the sum of Rs. 20,000/- (twenty thousand) only was deducted from account of the respondent/complainant. Husband of the respondent/complainant intimated the appellant bank who assured that the disputed amount would credit to the account of the respondent/complainant. As the amount was not credited to the account of the respondent/complainant, she lodged a written complaint to the appellant bank through E-mail on 04/02/2021. The appellant bank also received a register complaint, but there was no response. The husband of the respondent/complainant filed the complaint with the CA & FBP Department, Cooch Behar. Despite receiving the notice, the appellant bank did not appear. The respondent/complainant had claim to the appellant bank to produce CCTV footage and JP Log. Finding no alternative, she lodged this complaint before the Ld. DCDRC, Cooch Behar, with necessary prayer.

The appellant bank did not appear to contest the case following which the case was heard ex-parte.

After going through the evidence and materials on record, the Ld. DCDRC, Cooch Behar passing impugned order directing the appellant bank to pay a sum of Rs. 25,000/- (Twenty-five thousand) only to the respondent/complainant within 30 days from the date of order failing which interest @6% per annum would be attracted.

Being aggrieved by the impugned order, the appellant bank preferred the instant appeal on the ground that, the Ld. DCDRC, Cooch Behar had erred in law and facts by passing the impugned order.

Decision with reason

Ld. Advocate for the appellant bank at the time of final hearing had submitted, that in IA/1/2024, a petition has been filed whereby, the appellant bank had prayed for producing the CCTV footage of the ATM connected with the respondent/complainant’s grievance.

Ld. Advocate for the respondent/complainant also submitted that, they said CCTV footage was in important part of evidence and the same was needed for proper adjudication of the complaint.

Under the circumstance when the impugned order had been ex-parte one and when the appellant bank intended to introduced new evidence and the said prayer had not been opposed by the respondent/complainant, the same needs to be firstly tested before the Ld. Trial Commission. Therefore, this appears to be and ideal case for remanding the same to the Ld. DCDRC, Cooch Behar for a fresh trial and a fresh judgment. The appellant banks are at liberty to file a similar prayer before the Ld. DCDRC, Cooch Behar, who shall dispose of the same and write a fresh judgement. As the result the instant appeal stands disposed off with the observation made in the body of the judgement. 

It is therefore,

Ordered

That the instant appeal be and the same is disposed off on contest but without costs.

The impugned order is hereby set aside.

The Ld. DCDRC, Cooch Behar, shall write a fresh judgment after disposing the prayer, if any made by the appellant bank.  

Copy of the order be sent to the parties free of costs.

Copy of the order be sent to the Ld. DCDRC, Cooch Behar, for necessary compliance.

Statutory deposits be returned from whom received.

Joint registrar Siliguri Circuit Bench of WBSCDRC, to do the needful.