Tripura

Unakoti

CC/16/2022

Priyatosh Nath - Complainant(s)

Versus

The Branch Manager, SBI & Others - Opp.Party(s)

N. K. Deb

12 Apr 2023

ORDER

The complainant Sri Priyatosh Nath has filed this complaint against the Branch Manager, State Bank of India, Dharmanagar Branch and three others under section 35 of the Consumer Protection Act, 2019 for getting redress.

After admission of the complaint notices were issued to the opposite parties. In  response to the notices OP No. 2 did never appear an vide order dated 04.02.2023 it was ordered that the case would proceed ex-parte against the OP No. 2. OP No. 1 & 4 appeared and also submitted WS.

On 12.04.2023 OP No. 2 appeared and submitted written statement and at the same time submitted one petition for vacating the ex parte order passed against the said OP. Considering the ground as stated in the petition for vacation of the ex parte order, same is allowed and the written statement submitted on behalf of the OP No. 2 is accepted. 

From the side of the OP No. 1 some documents have been filed on the last date.

Today no step is submitted on behalf of the complainant, though the case is fixed for evidence of the complainant. On the last date too, no step was submitted on behalf of the complainant. Record shows that after inception of the case complainant was never present and as such, learned counsel Mr. N. K. Deb on record has been called and he frankly submitted that after institution of the case complainant did not keep any contact with him and only as a duty he filed hazira and remained present on behalf of the complainant. Today learned counsel Mr. Deb has expressed his anguish over the conduct of the complainant and candidly submitted that as he is not being contacted by the complainant and on his call complainant did not even respond to him, he cannot pursue the case on behalf of the complainant and urged to drop the case for non-prosecution.

Taking into consideration the submission of learned counsel Mr. N. K. Deb it is obvious that he cannot prosecute the case without the assistance and cooperation of the complainant. Considering the submission of learned counsel Mr. Deb and the conduct of the complainant, as pointed out by learned counsel, which shows that the complainant is not interested to proceed with the case, the instant case is dropped for non-prosecution on the part of the complainant.

The case stands disposed of accordingly.

Furnish copy of this order to the learned counsels of the complainant and OPs free of cost.

                       ANNOUNCED.