In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.   323 / 2010.

1)                   Sri Amalendu Chakeaborty,

Vaijyanti, Block-B, Flat No. 19,

162/B/203,  Lake Gardens, Kolkata-700045.                                            ---------- Complainant

---Versus---

1)                   Regional Manager, Canara Bank,

Camac Street, Kolkata-700016.

2)                   Branch Manager, Canara  Bank,

Lake Gardens Branch, Kolkata-700045.                                                  ---------- Opposite Parties

Present :           Sri Sankar Nath Das, President.

                        Dr. A. B. Chakraborty, Member

Order No.    1 3   Dated   1 4 – 0 3 – 2 0 1 2 .

The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by the complainant Sri Amalendu Chakraborty against the o.ps. Canara Bank. The case of the complainant in short is that complainant possesses S.B. A/C no.08877 with o.p. no.2. When sometimes in the month of May 2009 complainant went for regularizing his bank account he found that two persons viz. Sri Amit Das and Sri Tapan Dutta have withdrawn a sum of Rs.28,500/-, Rs.33,800 and Rs.35,000/- respectively vide cheque nos. 367017, 367008 and 367009 from the said account of the complainant and on scrutiny complainant came to know the aforesaid three cheque pages were found missing from his cheque book, although he never kept any cheque page in his cheque book signed by him lying with the cheque book. Thereafter complainant reported the matter to the o.p. no.1 on 21.5.09 along with reminders on 30.5.09, 27.7.09, 12.8.09 and 22.2.10 followed by advocate’s letter on 8.7.10 requesting o.p. no.1 to send Xerox copy of copy of those three cheque pages and despite the same no letter was sent as reply by o.p. no.1. Hence, the instant case.

          O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case.

Decision with reasons:

          We have gone through the pleadings of the parties, evidence and documents in particular. On careful scrutiny of the w/v and the materials on record and in particular from the w/v we find from the petition of complaint lodged by complainant with Lake P.S. that wherein he mentioned that “I came to know that Smt. Ruma inconnivance with her boy friends have withdrawn huge amount of money from time to time by forged signatures except Ruma no person in my house has an access to my drawer where my pass book are kept under lock and key”. From the said complaint letter dt.27.5.09 we further find that Ruma is an aya procured by complainant from Nurses Centre, Sonarpur, 24 Parganas (South) to look after his ailing wife. Now on the basis of the said averments of the complainant we find that he has admitted that Ruma along with her boy friend might have done the mischief and that being the position o.ps. cannot be blamed in the manner complainant has lodged the complaint herein and having close look on to the petition of complaint dt.27.5.09 lodged by the complainant with Lake P.S. we are of the view that this is not the Forum to entertain the issue like the instant one.

          In view of the findings above and on perusal and on meticulous scrutiny of the entire materials on record especially FIR dt.27.5.09 lodged by the complainant with Lake P.S. we are of he view that the complainant does not deserve any consideration and he is not entitled to relief from this end in the context of the facts and circumstances disclosed on record. Accordingly, the instant case stands dismissed on contest without cost.

Supply certified copy of this order to the parties.         

   _____Sd-_______                                         __________Sd-_________

     MEMBER                                                           PRESIDENT