Date of hearing-22.06.2016
Date of Judgement – 04.07.2016
PER HON’BLE SAMARESH PRASAD CHOWDHURY, PRESIDING MEMBER
JUDGEMENT
Challenge in this Appeal u/s 15 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) is to the order being no.10 dated 11.11.2014 made by the Ld. District Consumer Disputes Redressal Forum, South 24 Parganas at Alipore (for short, Ld. District Forum) in consumer complaint no. 312/2014 whereby the application filed on behalf of the Appellants/Opposite Parties challenging the maintainability of the Consumer Complaint was rejected on contest with direction upon the OPs to refund the sum of Rs.10,01,000/- along with interest @9% p.a. from the date of receiving the amount by the Bank i.e. from 05.09.2011 and compensation of Rs.1,00,000/-.
We have scrutinised the materials on record and considered the submission advance by the Ld. Advocates appearing for the parties.
Mr. Prasanta Banerjee, Ld. Advocate appearing for the Respondent has drawn our attention to Paragraph-12 of the Memorandum of Appeal and submitted that as per statement of Smt. Tanushree Gupta, Branch Manager of the Appellant Bank, the Appellants Bank has already paid Rs.11,21,000/- i.e. the amount together with interest in terms of the order dated 26.07.2013 passed by Kolkata Debts Recovery Tribunal-II, Kolkata in SA no.635/2011.
It reveals that two copies of cheques dated 15.09.2014 amounting to Rs. 10,01,000/- and Rs.1,20,100/- stands in the name of the Respondent issued by the UCO Bank has been appended with the Memorandum of Appeal.
Since the awarded amount imposed by the Ld. District Forum has already been paid by the Appellants to the Respondent, we think there is nothing left open for consideration in this appeal. The Ld. Advocate for the Respondent has candidly submitted that when the amount of Rs.11,21,000/- has already been paid by the Appellants, as stated, his client has no other claim with regard to the order passed by the Ld. District Forum.
Consequently, the appeal is dismissed on contest. There will be no order as to costs.
The Order no.10 dated 11.11.2014 passed by the Ld. District Forum in CC/312/2014 is hereby affirmed.
The Registrar of this Commission is directed to send a copy of this order to the Ld. District Consumer Disputes Redressal Forum, South 24 Parganas at Alipore (now at Baruipur) for information.
