DATE OF FILING : 07.07.2015.
DATE OF S/R : 06.10.2015.
DATE OF FINAL ORDER : 02.03.2016.
Sri Bidyut Khanra,
son of Sri Madan Khanra,
residing at village Benapur ( South ),
P.O. Benapur Chandanapara, P.S. Bagnan,
District Howrah,
PIN 711312. ……………………………………………………… COMPLAINANT.
1. T. Pandit,
of Future Organization of 310/271, Ward No. 1,
Inda, Dr. J. N. Dutta Inda, P.S. Kharagpur,
District Paschim Medinipur,
PIN 721450.
2. Dilip Das,
an agent and correspondent of Future Organization,
of 310/271, Ward No. 1, Inda, P.S. Kharagpur,
District Paschim Medinipur,
PIN 721450.
3. The Branch Manager,
Allahabad Bank, Kharagpur,
District Paschim Medinipur,
PIN 721450.
4. The Branch Manager,
Allahabad Bank,
Khalore Branch of Bagnan, P.S. Bagnan,
District Howrah,
PIN 711312. ………………………………………………OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak.
F I N A L O R D E R
- This is an application U/S 12 of the C.P. Act, 1986 filed by the petitioner, Bidyut Khanra, against the o.p., T. Pandit, & three others, praying for directing the o.p. no. 3 to return Rs. 37,500/- including interest till realization and compensation of Rs. 50,000/- for mental agony and harassment and Rs.10,000/- as litigation costs.
- The case of the petitioner is that he runs a small grocery business and for development of his business he approached financial institution for getting liquid cash as loan. He approached o.p. nos. 1 & 2 over phone following a publication in Ananda Bazar Patrika on 11.3.2013 relating to availing of loan from Rs. 2 lakhs to Rs. 5 lakhs and the o.p. nos. 1 & 2 started deceiving him. Then as per advice of o.p. nos. 1 & 2 he deposited Rs. 4,500/- in the A/C no. 5010977578 at the Allahabad Bank, Khargapur Branch, on 14.03.2013 in favour of o.p. no. 1 from his Khalore Branch of Allahabad Bank, o.p. no. 4 and then again o.p. nos. 1 & 2 told him to pay insurance charges of Rs. 25,500/- and on 26.3.2013 he deposited the same at account no. 50109797578 standing in the name of o.p. no. 1 and this time also he sent the money from Allahabad Bank, Khalore Branch. Again on 02.4.2013 o.p. nos. 1 & 2 asked him to pay Rs. 7,500/- for payment of government taxes and he deposited the said amount in the name of o.p. no. 1 from his Allalhabad Bank, Khalore Branch. Thus the petitioner has already paid a total sum of Rs. 37,500/- but the o.p. nos. 1 & 2 neither came forward to provide loan nor receive any phone call from petitioner till 8.8.2013 when this petitioner had already tried to contact them over phone for many thousand times. The petitioner deposited the same in the name of the o.p. at Khargapur Branch from his Khallore Branch and when this petitioner asked o.p. no. 3 to pay him Rs. 37,500/- taken from his account by o.p. nos. 1 & 2 then the o.p. no. 3 told him that they would not make payment. The petitioner rushed from pillar to post but in vain and this filed this case.
3. The o.ps. did not appear in the case and thus the case was heard ex parte against them.
4. Whether the petitioner is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- In support of his case the petitioner filed xerox copy of the Ananda Bazar Patrika wherein an advertisement appeared that loan would be granted in the village and small town without any advance and he also filed a copy of police complaint filed by him on 06.05.2013. Besides, the two documents he filed affidavit in support of his petition but these evidences do not prove the case of the petitioner so that this Forum would direct the o.p. no. 3, Branch Manager, Allahabad Bank, Khargapur Branch, to return Rs. 37,500/- to the petitioner. The petitioner has not produced before the Forum that he is a consumer of the Allahabad Bank, Khalore Branch, wherefrom he deposited the above sum in favour of the o.p. no. 1 being advised by o.p. nos. 1 & 2. In a consumer case the petitioner has to prove at the outset that he is a consumer and then he is to prove that there was a consumer dispute and then the Forum would accept the complaint as a consumer case. Here in the absence of any evidence that the petitioner is a consumer, this Forum finds no reason to go further as the petitioner miserably failed to prove his case by producing cogent evidence .
In view of above discussion and findings the claim case fails.
Court fee paid is correct.
Hence,
O R D E R E D
That the C. C. Case No. 243 of 2015 ( HDF 243 of 2015 ) be and the same is dismissed ex parte against the o.ps.
Supply the copies of the order to the parties, free of costs.
DICTATED & CORRECTED
BY ME.
( B. D. Nanda )
President, C.D.R.F., Howrah.
