Complaint Case No. CC/101/2018 | ( Date of Filing : 24 Dec 2018 ) |
| | 1. Indian National Trade Union Congress,Assam Branch | K.C.Sen Road,Paltan Bazar,P.O-Guwahati-781001,Kamrup(M),Assam, Represented by Sri Sumer Singh Gaur,G.S,Admin,Indian National Trade Ubion Congress,Assam, Branch | 2. Sri Sumer Singh Gaur, General Secretary,Admin, Indian National Trade Union Congress,Assam Branch | K.C.Sen Road,Paltan Bazar,P.O- Guwahati-781008,Dist-Kamrup(M),Assam |
| ...........Complainant(s) | |
Versus | 1. The Assam Co-Operative Apex Bank Ltd., Represented by the Chairman and Managing Director | Panbazar,P.O-Guwahati-781001,Dist-Kamrup(M),Assam | 2. The Chairman and Managing Director,The Assam Co-Operative Apex Bank Ltd | Panbazar,P.O-Guwahati-781001,Dist-Kamrup(M),Assam | 3. The Branch Manager,The Assam Co-Operative Apex Bank Ltd,Guwahati Branch | Panbazar,P.O-Guwahati-781001,Dist-Kamrup(M),Assam | 4. Sri Hiranya Bora | S/O- Lt K.P.Bora,Tarun Nagar,P.O- Guwahati-781005,Dist-Kamrup(M),Assam | 5. Md Harisus Zamal | S/O- Lt Bodius Zamal, Joymati Nagar,Ward No-01, P.O- Moriani-785634,Dist-Jorhat,Assam | 6. Sri Achyut Kr Sarmah | C/O- Sri Hiranya Bora, Tarun Nagar,P.O-Guwahati-781005,Dist-Kamrup(M),Assam | 7. Indian National Trade Union Congress,Represented by the President | 4, Bhai Veer Singh Marg,New Delhi-110001 | 8. Sri G. Sanjeeva Reddy,President, Indian National Trade Union Congress | 4,Bhai Veer Singh Marg,New Delhi-110001 |
| ............Opp.Party(s) |
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Final Order / Judgement | The complainant side is present . Ld advocates Mr N.Dhar and Smti Shoma Das Gupta appear for the complainant . We have heard submission of ld advocate Mr N.Dhar on the point of admissibility of the complainant . We have perused the complaint as well as the submission of ld advocate Mr N.Dhar . After perusing the complaint , it appears to us that there is a strong dispute between complainant no-1 (INTUC represented by its General Secretary ,Administration ) and Sri Soumar Singh Gour ,General Secretary,Administration , INTUC in one side and opposite party no-7 (President of INTUC) and opposite party no-8 (G.Sanjiba Raddi ,President of INTUC) in other side , as to their repective legitimacy in day to day functioning of Indian National Trade Union Congress . We found that without disposing of this dispute , it cannot be determined whether the act of the opp. party no-1,2 and 3 holding up the Savings Bank Account of opp. party no-1 that exists in opp. party no-1 bank is lawful or illegal . This forum has no jurisdiction to adjudicate upon the dispute between the complainant no-1 and complainant no-2 in one side and opposite party no-7 and 8 in other side . This is a matter within jurisdiction of the Civil Court . Secondly , although complainant no-1 seems to be a consumer of service , which is banking service , provided by opp. party no-1 , 2 and 3 , it is seen that opp. party no-3 stopped the operation of Savings Bank Account No-391042010028882 of complainant no-1 on being representation submitted by the opp. party no-4 vide letter dtd. 18/05/2018 as General Secretary , Administration of complainant no-1 , while complainant side’s assertion is that opposite party no-4 is not legitimately elected secretary of opp. party no-1 . So, this is also a dispute between the complainant side and opp. party no-4 , which is to be determined by the Civil Court only . Morever , another plea of the complainant is that the operation of the said savings bank account is stopped by opp. party no-3 after receiving a letter from opp. party no-5 dtd. 01/08/2018 , which is an illegal act on the part of the opp. party no-3 as opp. party no-5 has no authority to file such type of letter before opp. party no-3 . So, it is also a dispute between complainants and opp. party no-5 as to the question of legitimacy of opp. party no-5 to file said letter before opp. party no-3 . So, this forum has no jurisdiction to adjudicate upon the said dispute also . Summing up above discussion as above , we are of opinion that the dispute in respect of which the complainants file the present complaint before this forum are purely civil dispute between the parties , without disposing said disputes it cannot be determined whether the act of stopping the operation of the account of the complainant no-1 by opp. party no-1 ,2 and 3 side is lawful or illegal . Such types of disputes between the parties cannot be said to be a consumer dispute . Hence, there is no cause of action for admitting the complaint filed by the complainants as consumer dispute under the provisions of Consumer Protection Act , 1986 . Accordingly the complaint is summarily dismissed reserving the right of the complainants to approach the civil court for proper relief. | |