Per Shri S.R. Khanzode – Hon’ble Judicial Member:

(1)                This appeal takes an exception to an order dated 08.04.2005 passed in Consumer Complaint No.54/2003, M/s.Bakshi Engineering Enterprises & Ors. V/s.The Branch Manager, State Bank of India,  by the District Consumer Disputes Redressal Forum, Satara (‘the Forum’ in short).

(2)                Complainant had filed consumer complaint alleging deficiency in service in respect of non-supply of certain documents which relates to the cash credit loan account of the Complainant No.1 – M/s.Bakshi Engineering Enterprises for the period from 1972 to 2002.  It is the contention of the Bank that those documents were already filed and supplied in a Special Civil Suit No.63/1973 between the parties and therefore, there is no question again to supply them and as such no deficiency in service could be alleged on that count.  The Forum upheld the contentions of the Bank and dismissed the complaint with costs.  Feeling aggrieved thereby, the original Complainant has filed this appeal.

(3)                Heard Advocate Mr.Dakve, for the Appellant.

(4)                In the instant case when it is brought to the notice of the Complainant that those documents were part and partial of the suit which admittedly was pending between the parties, there arise no question to supply such documents.  Complainant did not show that there is legal obligation on the Bank to supply those documents apart from one which were already filed in the Civil Suit.  Thirdly, if at all there is deficiency in service as alleged by Appellant/Complainant, it is from the Bank viz. the State Bank of India.  Said Bank is not a party.  Its Branch Manager, is a separate distinct and independent legal entity than the Bank itself in view of Section 2(1)(m) of the Consumer Protection Act, 1986. For all these reasons, ultimate dismissal of the consumer complaint cannot be faulted with.   We find no merit in the appeal.  Hence, we pass the following order:

O  R  D  E  R

    (i)               Appeal is not admitted and stands rejected accordingly.

  (ii)               No order as to costs.

(iii)               Inform the parties accordingly.

Pronounced on 19^th December, 2011.