Sri Shyamal Gupta, Member
Challenging the Order dated 19-07-2017 passed by the Ld. District Forum, Howrah in CC/347/2016, this Revision is filed by the OP Bank.
In short, case of the Revisionist is that, over non-payment of its outstanding due in respect of the subject credit card, arms with the conditions laid down under the Cards Members Agreement, debit freeze was imposed upon the concerned accounts of the Respondent. Yet, the Ld. District Forum asked it to remove such freezing.
The core issue to be decided in this Revision is whether such imposition of debit freeze upon the accounts of the Respondent is tenable or not.
Heard the Ld. Advocates of the parties and gone through the documents on record.
It appears that during pendency of the case, the Revisionist imposed such debit-freeze upon the accounts of the Respondent. It is indeed shocking that notwithstanding the Ld. District Forum was seized of the matter, the Respondent did not bother to take it into confidence before initiating such coercive measure. It appears that the Revisionist even did not issue any prior notice to the Respondent also. This is not acceptable.
No one disputes the right of a bank to take appropriate measures to realize its outstanding due. However, given that the matter was pending before a competent Court of Law, that too at the final hearing stage, it was wholly inappropriate on the part of the Revisionist to impose such debit-freeze without obtaining prior consent of the Ld. District Forum.
Looking from this aspect, we find no infirmity with the impugned order.
Revision, thus, fails.
Hence,
O R D E R E D
The Revision stands dismissed on contest against the Respondent. The impugned order is hereby affirmed. Parties do bear their respective costs.