Jharkhand

Bokaro

CC/18/153

Sandeep Kumar - Complainant(s)

Versus

The Banch Manager, Bank of India - Opp.Party(s)

03 May 2023

ORDER

1. Complainant’s case in brief is that his father Mithilesh Kumar Tiwari is having a Bank Account in the branch of O.P. who went in the Bank of India Chas branch on 09.07.2018 to withdraw Rs. 20,000/- through withdrawal slip which was not permitted rather cheque was demanded hence complainant’s father suffered huge loss, hence this case has been filed for direction to O.P. to pay Rs. 20,000/- as claim amount, Rs. 50,000/- as compensation and Rs. 20,000/- as litigation cost.
2. O.P. has filed W.S. mentioning therein that complainant is having no locus standi to file this case who is neither the account holder nor a customer of the bank and withdrawal was tried from non home branch inspite of issuance of ATM Card and cheque. Further reply is that the father of the complainant has not produced the passbook with withdrawal slip and nor he has shown any reason of leaving the cheque. Hence it is prayed to dismiss the case.
3. Now point for consideration is that whether complainant is entitled to get relief as prayed or not?
4. It is admitted fact that account holder is father of the complainant Mithilesh Kumar Tiwari. Complainant is the son of the Mithilesh Kumar Tiwari. Complainant failed to show any authority or power of attorney for filing this case on behalf of Mithilesh Kumar Tiwari. In this way it is very much clear that complainant is not the consumer/customer of the Bank. On perusal of withdrawal slip it appears that it was produced before non home branch of the bank and home branch of the bank is situated at Trimurti Palace, Bye Pass Road, Chas, Bokaro.
5. In light of above discussion we are of the view that this case is not maintainable because it has not been filed by the account holder of the bank account and withdrawal slip was not produced before home branch of the bank. In this way complainant is not the consumer of the O.P. nor he is authority holder of the consumer concerned to file the case. Accordingly this point is being decided against the complainant. Hence case is dismissed on merit.