DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
North 24 Pgs., BARASAT
C.C. No./26/2023
Date of Filing Date of Admission Date of Disposal
02.02.2023 09.02.2023 28.02.2024
Complainant/s:- | Subhasish Kumar Chattopadhyay, Son of Late Sudhir Chattopadhyay, residing at 128/4, Basudebpur Road, Shyamnagar, North 24 Parganas, Pin – 743127. =Vs= |
Opposite Party/s:- | 1. Punjab National Bank, a banking and financial institution having its head office at Plot No. 4, Sector 10, Dwarka, New Delhi – 110075 and among other branches, Shyamnagar Feeder Road Branch, District – North 24 Parganas, Pin – 743127. 2. The Branch Manager, Punjab National Bank, Shyamnagar Feeder Road Branch, District – North 24 Parganas, Pin – 743127. |
P R E S E N T :- Sri. Daman Prosad Biswas……….President.
:- Sri. Abhijit Basu…………………. Member.
JUDGMENT /FINAL ORDER
Complainants above named filed this complaint U/s 35 of the Consumer Protection Act, 2019 against the aforesaid Opposite Parties praying for direction to the Opposite Parties to return Rs. 7,00,000/- with interest, compensation amounting to Rs. 1,00,000/-, further compensation amounting to Rs. 10,000/- for harassment, cost of the case amounting to Rs. 30,000/- and other reliefs.
He alleged that O.P No. 1 is a banking and financial institution. Complainant has a Savings Bank Account with the Opposite Parties on 10/11/2020 Complainant had received a message from the O.P showing a debit amounting to Rs. 7,00,000/- from his account. Complainant became astonished and on the very next date i.e. on 11/11/2020 he reported the entire incident to the O.p. No. 2 and requested him to enquire and look into the matter. He also lodged a written complaint before the O/C Jagaddal P.S. Complainant visited before the Opposite Parties on several occasions but they did not pay any heed into the complaint of Complainant. Hence, the Complainant filed this case.
Decisions with Reasons:-
Case was admitted on 09/02/2023. Thereafter, O.P No. 1 and 2 appeared on 28/03/2023 and prayed for time for filing W/V. On 31/03/2023 O.P No. 1 and 2 filed W/V. Thereafter, 09/06/2023 was fixed for evidence by the Complainant. But on that date Complainant was found absent. Thereafter, next dated was fixed on 14/08/2023. On that date both parties were absent without any steps. On 23/11/2023 Complainant was found absent without any steps.
Thereafter, this Commission directed the Complainant to file Show Cause as to why necessary order shall not be passed against him vide order no. 06 dated 23/11/2023. On the next date i.e. on 19/02/2024, Complainant did not file Show Cause. Even he did not appear on that date. Even he was also absent without any steps on 19/02/2024.
In view of the aforesaid discussion it is clear before us that Complainant has no interest to proceed with the case. His conduct indicates that he lost his interest.
On perusal of record we find that Complainants are the consumer and O.Ps are the service provider. The aforesaid act which done by the O.Ps are nothing but deficiency in service.
Having regard to the aforesaid discussion, we are of the firmed view that Complainants have not able to established their grievance by sufficient documents beyond reasonable doubt and they are not entitled to reliefs as per their prayer.
In the result, present case fails.
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C.C. No./26/2023
Hence,
It is
Ordered:-
That the present case be and the same vide no. CC/26/2023 is dismissed ex-parte against the Opposite Parties but without any order as to costs.
Let a copy of this order be supplied to both the parties free of cost as per CPR, 2005.
Dictated and Corrected by me
President
Member President
