This revision is directed against the order no. 26 dated 30/05/2019 passed by the Ld. D.C.D.R.F, Dakshin Dinajpur in CC/15/2018. The fact of the case in brief is that the complainant who happens to be the respondent of this revision Mr. Safet Ali Sarkar registered a consumer complaint before the Ld. Forum against SBI, Patiram Branch that is the revisionist of this case for deficiency of service. The OP Bank after receiving the notice of consumer complaint has appeared before the Ld. Forum, thereafter, the Ld. Forum vide order No. 21 dated 16/01/2019 has asked the revisionist Bank to file show-cause as to why the case would not be heard ex-parte against the Bank. The revisionist Bank could not file the show-cause in due time, so, the Ld. Forum vide order no. 26 dated 30/05/2019 has placed the case for ex-parte hearing against the Bank on 21/06/2019.

            Being aggrieved with the order this revision follows on the ground that the order of the Ld. Forum was defective, erroneous and irregular one and not vested with law. The revision was admitted on merit and the consumer complainant/revisionist S. Ali Sarkar was served notice asking him to contest the case. Accordingly, the case was heard in presence of Ld. Advocate of the revisionist and the hearing of the case was conducted by the respondent S. Ali Sarkar himself.

DECISIONS WITH REASONS

            After hearing both sides it appears to us that the complainant was a bona fide consumer of SBI, where he maintains his savings account and also holds an ATM card. Subsequently, he found that all the money deposited in the said account was withdrawn through ATM card beyond his knowledge from 15/06/2017 to 15/07/2017. He urged the Bank for enquiry and to return the said amount to his account. But the Bank authority did not take proper care for the loss he has sustained and for that reason, he has filed the consumer complaint. It appears from the record that the Bank has already submitted the written version of this case before the Ld. Forum but intended to transfer the case by invoking section 22B of the CP Act, 1986. But the prayer of the Bank was not materialized. Thereafter, the Bank was asked to file show-cause and the Bank did not file the show-cause in due time before the Ld. Forum. So, the Ld. Forum was ready to hear the case ex-parte against the Bank vide order 30/05/2019.  

Subsequently, the Bank filed another petition before the Ld. Forum requesting the Forum to modify the order dated 30/05/2019 and allow the Bank to contest the consumer complaint at the time of argument. Such prayer of the Bank was also turned down by the Ld. forum. Now the case is still pending before the Ld. Forum. It appears that the Bank is willing to contest the case at the stage of argument and hearing and there is ample opportunity to allow the Bank to contest the case during the course of hearing argument as the Bank does not want to furnish any oral evidences. The Bank only wants to conduct the hearing on the basis of written version already submitted as well as documentary evidences. It appears also on the record vide order no. 21/ dated 16/01/2019 that the Bank was asked to pay Rs. 1,000/- as cost to be deposited in the savings bank account of the complainant/respondent. The Commission does not know whether such amount has already deposited by the Bank or not. So, in view of the Commission the revisionist Bank should get an opportunity of being heard before the final disposal of the consumer complaint subject to satisfy the Ld. Forum that the Bank has already deposited Rs. 1,000/- as cost to the account of the complainant bearing no. 34313889730 with SBI, Balurghat Branch.

Hence it is ordered: -

That the instant revisional application is hereby allowed on contest without imposing any cost. The order no. 26 dated 30/05/2019 is hereby set aside subject to satisfaction of the Ld. Forum Dakshin Dinajpur that the revisionist bank has complied the order of the Ld. Forum dated 16/01/2019 to pay the cost amount of Rs. 1,000/- in the bank account of the complainant/respondent. Ld. forum thereafter shall adjudicate instant consumer dispute as soon as practicable after hearing arguments of the both sides by fixing a date. Both parties are directed to appear before the Ld. D.C.D.R.F, Dakshin Dinajpur on 04/12/2019 for further course of action.

            Let a copy of this order be supplied to the parties free of cost and the same be communicated to the Ld. Concerned Forum through e-mail.