| Complaint Case No. CC/63/2022 | | ( Date of Filing : 20 Apr 2022 ) |
| | | | 1. Swapan Kumar Maity | | S/O.: Lt. Subodh Chandra Maity, Proprietor of Adhikary Medical Hall, At. Fatepur, P.O. & P.S.: Nandakumar, PIN.: 721632 | | Purba Medinipur | | West Bengal |
| ...........Complainant(s) | |
| Versus | | 1. The Branch Manager (Indian Bank) | | Indian Bank previously Allahabad Bank, Sitalpur Branch, P.O.: Sitalpur, P.S.: Nandakumar, PIN.: 721632 | | Purba Medinipur | | West Bengal |
| ............Opp.Party(s) |
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| Final Order / Judgement | Ld Advocate for the complainant is present. Judgement is delivered in open Commission in 2 pages in 3 seperate sheet of paper. BY - SRI.SAURAV CHANDRA, MEMBER - Brief facts of the Complainant’s case are that the Opposite Party is a Nationalized Bank from whom the Complainant took two Loans amounting to Rs.1,01,078.00 and Rs.5,71,800.00 respectively by pledging Cash Certificate No.183322 and LIC Certificate No(s).40030977, 499721739, 438551421 and 433619845.
- Owing to some disputes arises between the parties, they moved to the National Lok Adalat – (NLA), Bench-IV held at the Office of District Legal Services Authority (DLSA), District Judge’s Court at Purba Medinipur on 11.12.2021 for mutual settlement and accordingly, the National Lok Adalat has been pleased to mutually settle the Pre-Litigation Case No(s).895/Dec/2021 and 891/Dec/2021 on 11.12.2021 by issuing two separate Awards for payment of Rs.40,000.00 out of total dues of Rs.1,01,078.00 and for payment of Rs.1,75,000.00 out of total dues of Rs.5,71,800.00;all in (04) four equal installments within March’2022 including Spot Payment of Rs.1,000.00 and Rs.3,000.00 respectively.
- That, according to the said Award of NLA, the Complainant has paid Rs.1,000.00 and Rs.3,000.00both on spot dated: 11.12.2021 and the balance settled amount of Rs.39,000.00 and Rs.1,72,000.00 respectively to the Op within time i.e. on 22.03.2022 and 09.03.2022.
- After paying the settle amount in full as per the Award of the NLA, the Complainant demanded the said pledged Securities as mentioned in the Paragraph No.1 along with No Objection Certificate – (NIC) from the Op since 22.03.2022 but, the Op neither issued the NOC, nor released the pledged securities to the Complainant.
- The cause of action of this case arose on and from 22.08.2022.
The Complainant, therefore, prays for:- - To Release and Return all the pledged Securities along with issuance of NOC by the Op.
- To pay Compensation of Rs.50,000.00 to the Complainant for mental agony and deficiency of service by the Op.
- To pay Litigation Cost of Rs.10,000.00 to the Complainant for conducting the case.
- Notices were duly served upon the Op but, Op has preferred to see that the case be decided ex-parte against it.
- Under the above circumstances, the Complainant has prayed for ex-parte order against the Op.
- Points for determination are:
- Is the case maintainable in its present form and in law?
- Is the Complainant entitled to the relief(s) as sought for?
- Decision with reasons
- Both the points I and II, being inter related to each other, are taken up together for discussion for sake of brevity and convenience.
- We have carefully perused the Petition and other supporting documents filed by the Complainant.
- We have carefully heard the submission made by the Complainant and perused the materials on record including the Awards given by the National Lok Adalat, Bench-IV held at the Office of District Legal Services Authority (DLSA), District Judge’s Court at Purba Medinipur, in connection with Pre-Litigation Case No.895/Dec/2021 and 881/Dec/2021 respectively. It appears that due to non-compliance of the Awards by the Op, the Complainant has filed the instant Complaint Case No.CC-62 of 2022 before this District Consumer Disputes Redressal Commission (DCDRC) at Purba Medinipur instead of filing an Execution Case before the Appropriate Authority – /(DLSA) at District Judge’s Court, Purba Medinipur by whom the Awards were ultimately passed against two aforesaid Pre-Litigation Cases. This DCDRC can not usurp the role of executing court in connection with the said Awards . Therefore, the instant case is not maintainable in its present form and in law. The complainant is not entitled to get any relief in this case.
- Accordingly, both the points are disposed of.
- Thus, the complaint case does not succeed.
Hence, it is O R D E R E D That the CC-63 of 2022 be and the same is dismissed ex-parte. However no order of cost is passed. Let a copy of this judgment be provided to the Complainant free of cost. The judgment be uploaded forthwith on the website of the Commission for the perusal of the parties. File be consigned to record section along with a copy of this judgment. | |
