We have taken into consideration the petition of complaint and other documents on record and also the submission advanced by the Ld. Advocate appearing for the complainant.

We see that the grievance of the complainant is twofold one. In one fold he has stated that a third party (an unknown person) has duped of Rs. 37,000/- by using the details of his debit card which were supplied by the complainant. In another fold he has stated that using the details of his credit card third part has withdrawn a sum of Rs. 5,85,450/-. He has alleged that the OP has not taken any steps in response to the allegation labelled by the complainant. But it is not the case of the complainant that the bank was the party (OP) to the withdrawal / transactions which was affected in December, 2021 in respect to the fund of the complainant. Forgery was committed by the third party (i.e. some unknown person) for which the complainant has filed specific criminal case and also moved the bank Ombudsman. It is not available on record whether the bank Ombudsman has passed any order rejecting or allowing the prayer of the complainant. But it is not desirable that two Forums (Ombudsman and this Consumer Commission) will deal with the same matter simultaneously side by side. The case against the bank, on the whole, appear to be untenable in la w.

Therefore, the complaint filed against the bank for forgery cannot have any leg to stand upon. As such, the complaint cannot be admitted.

Hence it is ordered that the case be and the same is dismissed for being not admitted.

Let a plain copy be given to the parties free of cost as per CPR.

Dictated and Corrected by

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT