Govt. of West Bengal
District Consumer Disputes Redressal Forum
Dakshin Dinajpur, W. Bengal
Old Sub- Jail Municipal Market Complex, 2nd Floor, Balurghat Dakshin Dinajpur
Pin – 733101; Telefax: (03522)-270013
Present
Shri Ananta Kumar Kapri - President
Shri Siddhartha Ganguli - Member
Consumer Complaint No. 40/2016
Abdur Rahim Mia
S/o Late Ashahak Ali
Vill.: Sukdevpur
PO: Chak Sukdevpur, P.S.: Tapan,
Dist. Dakshin Dinajpur-733124 …………………Complainant(s)
(M): 9647744080
V-E-R-S-U-S
The Branch Manager,
Axis Bank Ltd., Balurghat Branch,
PO & PS: Balurghat,
Dist.: Dakshin Dinajpur-733101……………Opposite Party
Ld. Advocate(s):
For complainant ……………… - Shri Debraj Chakraborty
For OP ……………… - Shri Santanu Dey
Date of Filing : 21.12.2016
Date of Disposal : 15.02.2017
Contd…P/2
Order No. 3
Dt. 15.02.2017
Ld. Lawyers of both sides are present by filing their hazira. Today is fixed for hearing the case on the maintainability point.
Already heard the submissions of Ld. Lawyers appearing for both sides. Perused the petition dt. 19.1.2017 filed by the OP and also the complaint filed u/s 12 of the CP Act, 1986 by the complainant. Considered all these and also the submissions made on behalf of the parties.
Ld. Lawyer appearing for the OP has contended that the instant case is not maintainable against the OP Branch of Axis Bank. According to him, the OP i.e. Balurghat Branch of Axis Bank is in no way involved in any transactions with the complainant and it is the Malda Branch of the said Bank which is involved with the transaction in dispute with the complainant. So, this Forum does not have any territorial jurisdiction to entertain the instant case and that the case should, therefore, be dismissed in limini.
Ld. Lawyer appearing for the complainant has contended that the complainant took a loan from the Axis Bank, Malda Branch and therefore all the Branches of Axis Bank Ltd. are answerable to the complainant and that the complainant has discretion to file the case within the jurisdiction of any Forum in which any of the Branches of Axis Bank Ltd. is situated.
The contention as advanced by the Ld. Lawyer appearing for the OP appears to be very much flatulent. It is true that the complainant took a loan from the Axis Bank Ltd., Malda Branch and he also repaid the loan to that Branch of the Bank. In spite of the loan being repaid as alleged by the complainant, the Malda Branch of the OP Bank made a demand for some further amount and this demand of the OP Bank has
Contd…P/3
led the complainant to file the instant case. So, from the averment of the complaint itself, it is crystal clear that the complainant is not a consumer of the Balurghat Branch of the Axis Bank Ltd.; rather he is a customer of Malda Branch of the said Bank. That apart, a perusal of the complaint reveals that there is no allegation of deficiency in service levelled against the Balurghat Branch of the OP Bank i.e. Axis Bank Ltd. Such allegation of deficiency in service, whatever it be, lies against Malda Branch of the OP Bank. The cause of action does never also arise against Balurghat Branch of OP Bank; it does arise, as alleged in the complaint, against the Malda Branch of the OP Bank. Ld. Lawyer appearing for the complainant has argued that the complainant can at his discretion file this complaint before any Forum wherever the branch of the OP Bank i.e. Axis Bank is situated. We strongly differ with this view of the Ld. Lawyer and we find ourselves completely unable to accept that view of the said Ld. Lawyer. Cause of action arises only with particular branch of the Bank with which the complainant is involved in transaction. The cause of action does not arise with all the branches of the Bank extending over whole of the country. The complainant can never file any case before any branch of the Bank situated at Banaras or Chandigarh especially when the cause of action has arisen with the particular branch of the said Bank situated in Bhubaneswar or Kolkata. The law has not given any discretion to the complainant so that the complainant can pick and choose the Forum for filing his case.
Upon what have been discussed above, it is found that this Forum does not have territorial jurisdiction to entertain the instant case. In the result, the case deserves to be dismissed.
Hence,
O R D E R E D
that the consumer complaint No.40/2016 be and the same is dismissed on contest as being not maintainable in law before this Forum.
Contd…P/4
There is no order passed as to the cost of the proceeding.
Let a plain copy of this order be furnished to the parties forthwith free of cost.
Dictated & corrected
……………….…….
(A. K. Kapri)
President
I concur,
……....……
(S. Ganguli)
Member
- Date when free copy was issued ……………………
- Date of application for certified copy ……………………
- Date when copy was made ready ……………………
- Date of delivery ……………………
FREE COPY [Reg. 18(6)]
- Mode of despatch ……………………
- Date of despatch ……………………
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