Assam

Kamrup

CC/101/2018

Indian National Trade Union Congress,Assam Branch - Complainant(s)

Versus

The Assam Co-Operative Apex Bank Ltd., Represented by the Chairman and Managing Director - Opp.Party(s)

Ms S.Dasgupta

28 Dec 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
KAMRUP,GUWAHATI
 
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)
 
BEFORE: 
 HON'BLE MR. JUSTICE Md Sahadat Hussain PRESIDENT
 HON'BLE MR. Md Jamatul Islam MEMBER
 HON'BLE MRS. Smti.Archana Deka Lahkar MEMBER
 
For the Complainant:
Mr N.Dhar
 
For the Opp. Party:
Dated : 28 Dec 2018
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.

 
 
[HON'BLE MR. JUSTICE Md Sahadat Hussain]
PRESIDENT
 
[HON'BLE MR. Md Jamatul Islam]
MEMBER
 
[HON'BLE MRS. Smti.Archana Deka Lahkar]
MEMBER

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