No. 4/13.01.2009.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Appellant is present in person.  Respondent is present through Ld. Advocate Mr. Fatik Banerjee who files BNA.  Heard the Appellant in person and Respondent through Advocate.  It appears that the impugned order was passed on a consideration mainly that no relief has been asked by the Complainant in his complaint.  The complaint has been filed by the Complainant in person.  In such circumstances the Forum ought to have given the Complainant a chance to amend his complaint indicating the relief he is seeking from the Forum and to proceed thereafter to consider the matter on merit in accordance with law.  The other finding by the Forum below in the impugned order that the proceeding involves allegation of conspiracy, cheating and threatening for murder, also is not relevant as in case the Complainant succeeds in proving his case with regard to his Bank A/c and the amount lying therein matter could have been decided on merit in respect of allegation of deficiency in service as made in the complaint.  In such view of the matter we are of the opinion the Forum below ought to have granted the Complainant an opportunity to amend his complaint and thereafter decide the matter in accordance with law.  The appeal is allowed.  Impugned order is set aside.  The matter is sent back to the Forum below in accordance with law and considering the observation made hereinabove.