Sri Subhra Sankar Bhatta, Presiding Member
The present Revision Petition under Section 47(1)(b) of the Consumer Protection Act, 2019 is directed assailing the impugned order dated 6th October, 2023 passed by the Ld. District Consumer Disputes Redressal Commission, Hooghly at Chinsurah (hereinafter referred to as the “District Commission”) in connection with Miscellaneous Application No. MA/63/2023 arising out of Consumer Complaint Case No. CC/45/2023 whereby Ld. District Commission was pleased to pass the following order:
“In the light of the observation made above this MA/63/2023 be and the same is allowed on contest. The OP/Bank authority is specially directed to remit back the amount of Rs. 2,48,208/- in the above noted savings account of the Complainant positively within one month (22.11.2023) and also to credit the pension amount of the Complainant in the above noted savings bank account within the above noted period otherwise the Complainant would be given liberty to take steps under Section 72 of the Consumer Protection Act, 2019. In the light of the observation made above the MA is disposed of on contest.”
Being aggrieved by and dissatisfied with the above order of the Ld. District Commission the Branch Manager of SBI, Chandannagore Branch as Revisionist/Petitioner has preferred the present Revision Petition on 23rd November, 2023 and prayed for certain relief or reliefs as sought for in the prayer portion of the Revision Petition.
Sushama Paswan, present Respondent as Complainant instituted the Consumer Complaint Case under Section 35 of the Consumer Protection Act, 2019 against the OP, the Branch Manager, State Bank of India, Chandannagore Branch before the District Consumer Disputes Redressal Commission, Hooghly which was registered and numbered as Complaint Case No. CC/45/2023 with the specific allegation of deficiency in service and unfair trade practices on the part of the OP/Bank. During the pendency of the Complaint Case the Complainant/Applicant also filed one Miscellaneous Application being MA No. 63/2023 on 19th June, 2023 and prayed for passing necessary order for disobedience and violation of the injunction order passed by the Ld. District Commission on 23.03.2023 in Miscellaneous Application No. 32/2023. Opposite Party, the Branch Manager of SBI, Chandannagore Branch entered into the said proceeding and contested the said proceeding by filing written objection. On 6th October, 2023 the said Miscellaneous Application (MA/63/2023) was allowed on contest. The OP/Bank authority was directed to remit back the amount of Rs. 2,48,202/- in the above noted savings account of the Complainant positively within one month (22.11.2023) and also to credit the pension amount of the Complainant in the above noted savings bank account within the above noted period otherwise the Complainant would be given liberty to take steps under Section 72 of the Consumer Protection Act, 2019. Pursuant to the observation made above in the MA the Miscellaneous Application was disposed of on contest.
In the body of the Revision Petition the Revisionist/Petitioner, the Branch Manager, SBI Bank, Chandannagore Branch has categorically contended that despite availing banking services the Respondent/Complainant instituted the Petition of complaint against the OP/Appellant on the ground of deficiency of banking services. Subsequently, the Complainant/OP also filed an application praying for injunction in MA No. 32/2023. By virtue of Order dated 23.03.2023 (vide order no. 2) the Ld. District Consumer Disputes Redressal Commission, Hooghly at Chinshrah was pleased to pass an order of ad-interim injunction restraining the Opposite Party/Bank from debiting further amount from the savings bank account being no. 41333799032 lying with the OP/Bank, Burrabazar, Chandannagore, District- Hooghly till 04.05.2023. Subsequently, the Revisionist Petitioner/OP submitted written objection against the said application for injunction. By order dated 15.09.2023 vide order No. 8 Ld. District Commission was pleased to confirm the ad-interim order of injunction till disposal of the complaint case.
During the pendency of the complaint proceeding the Complainant also filed another Miscellaneous Application being M.A No. 63/2023 under Section 38(8) of the Consumer Protection Act, 2019 with the allegation that the OP/Bank (Present Revisionist/Petitioner) has wilfully violated the said order of ad-interim injunction and intentionally deducted a sum of Rs. 2,48,208/- from the Savings Bank A/c of the Complainant lying with the OP/Bank.
The present Revisionist/Petitioner Bank as OP filed written objection in the said M.A. and contested the Miscellaneous Application. Denying and disputing the alleged the deduction of a sum of Rs.2,48,208/- from the Savings Bank Account of the Complainant being S/B A/c No. 41333799032 lying with the Petitioner/Bank. It has been candidly stated that the Revisionist/Petitioner Bank has profound respect to the solemn order dated 23.03.2023 (vide order no. 2) of the Ld. District Consumer Disputes Redressal Commission, Hooghly. The OP/Bank prayed for dismissal of the said M.A.
On 6th October, 2023 Ld. District Commission, Hooghly at Chinsurah was pleased to direct the Revisionist/Petitioner/Bank to remit back an amount of Rs.2,48,208/- within one month and also to credit the pension amount of the Complainant within the above mentioned period failing which the Complainant is at liberty to take steps under Section 72 of the Consumer Protection Act, 2019.
Being aggrieved by and dissatisfied with the impugned order dated 6th October, 2023 passed by the Ld. District Commission Hooghly at Chinsurah in M.A. No. 63/2023 arising out of Complaint Case no. 45/2023 the OP/Bank as Revisionist/Petitioner has preferred the present Revision Petition under Section 47(1)(b) of the Consumer Protection Act, 2019 on various grounds as highlighted in the body of the Revision Petition. It has been categorically contended that the Ld. District Commission acted with material irregularity in passing the impugned order; that the Ld. Commission below acted illegally and with material irregularity in passing the impugned order in the Miscellaneous Application; that the Ld. Commission below failed to appreciate that the interim order of injunction dated 23.03.2023 was in force till 04.05.2023 from debiting further amount from the Savings Bank Account of the OP/Complainant being A/c No. 41333799032 and as such the impugned order is liable to be set aside; that the impugned order is perverse and bad in law and liable to be set aside. On all such grounds the Revisionist/Petitioner/Bank has prayed for allowing the present Revision Petition after setting aside the impugned order passed by the Ld. District Commission Hooghly at Chinsurah in connection with M.A. 63/2023 arising out of M.A. 32/2023 in connection with Consumer Complaint Case no. CC/45/2023.
We have considered the respective submissions of the respective parties to the Revision Petition.
We have also considered the undertakings of the Branch Manager, Chandannagore Branch disclosing the factum of withdrawal of holding imposed on the pension account of Sushma Paswan relating to S/B A/c No. 41333799032. The Branch Manager, has unequivocally given the undertaking to the effect that the concerned Bank (Revisionist/Petitioner herein) shall not create any further holding of the said Pension Account of the Respondent/Complainant Sushma Paswan without due recourse of law.
During the course of hearing both the Ld. Counsels appearing for the respective parties to the Revision Petition have conceded to the fact that the Revisionist/Petitioner, State Bank of India has already withdrawn the holding imposed on the Pension Account of the Complainant/Sushma Paswan by giving explicit and clear undertaking that the State Bank of India Chandannagore Branch will not create any further holding in near future relating to the above Pension Account of the Complainant without taking the process of law.
Ld. Counsel appearing for the Revisionist/Petitioner has submitted that pursuant to the above undertaking given by the Chief Manager, State Bank of India, Chandannagore Branch there is no necessity or reason to proceed further with the present Revision Petition at this stage. Ld. Counsel has prayed for dismissal of the present Revision Petition on the ground of non-prosecution.
On the other hand Ld. Counsel appearing for the Respondent/ Complainant has fairly submitted that the Respondent/Complainant has no objection if the present Revision Petition is dismissed on the ground of non-prosecution. He has also stated that the Hon`ble Commission may pass any order as it may deem fit and proper for basing upon such undertaking of the Bank for just and effective adjudication of the pending complaint case.
Considering the attending circumstances and having considered the submissions of the respective parties and keeping in mind the undertaking given by the Chief Manager, State Bank of India, Chandannagore Branch on 14th May, 2024 we arrive at an irresistible conclusion that the prayer of the Revisionist/Petitioner, State Bank of India has sufficient merit and should be allowed for the ends of justice.
Thus, we hold and firmly hold that the present Revision Petition filed at the behest of the Revisionist/Petitioner/State Bank of India, Chandannagore Branch is liable to be dismissed for the sake of proper, effective and just adjudication of the complaint proceeding.
It is, therefore,
O R D E R E D
That the present Revision Petition being RP No. 148/2023 be and the same is dismissed for non-prosecution but considering the attending circumstances without any order as to costs.
Ld. District Commission is hereby directed to proceed with the complaint case in accordance with law and to dispose of the complaint case as expeditiously as possible.
Let a copy of this judgment and order be transmitted to the Ld. District Commission for information and taking necessary action.
Both sides are directed to appear before the Ld. District Commission on 19.06.2024 for receiving further order/orders.
Interim order, if any, be vacated forthwith.
Thus, the Revision Petition stands disposed of.
Note accordingly.
