IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No.CC 94/2016.
Date of Filing: 20.06.2016. Date of Final Order: 22.02.2017.
Complainant: Biplab Roy, S/O Satish Chandra Roy, AIR Quarter, B/4, Banjetia, P.O.Cossimbazar.
P.S. Berhampore, Dist. Murshidabad. Pin 742102.
-Vs-
Opposite Party: Branch Manager, State Bank of India, Berhampore Branch, P.O.&P.S. Berhampore,
Dist. Murshidabad. Pin 742101.
Present: Sri Anupam Bhattacharyya …………………. President.
Sri Samaresh Kumar Mitra ……………………..Member.
Smt. Pranati Ali ……….……………….……………. Member
FINAL ORDER
Sri Anupam Bhattacharyya –Presiding Member.
This complaint has been filed by the complainant u/s 12 of C. P. Act, 1986 praying for an order directing the OP Bank to unlock and/or allow the complainant to operate the savings A/C No. 1129409672 and compensation of Rs.20,000/-
The complainant’s case, in brief, is that the complainant used to draw his monthly salary through his bank account. The complainant secured house building loan from the Canara Bank, Berhampore Branch and used to pay his EMIs from the aforesaid savings Bank Account. The OP without any previous notice blocked the said account. As a result he sustained huge loss of interest relating to the house building loan. The complainant having no other option has preferred this instant complaint. Hence, the instant complaint.
The written version filed by the OP bank, in brief, is that for investigation of embezzlement of public funds several correspondences were made with AIR Murshidabad involving the matter of the compliant and the competent authority decided to block the savings account. But in response to their letter dt. 26.05.2016, AIR, Murshidabad did not issue any reply to this OP. So, the OP removed the block from the account of the complainant and for that there is no negligence or deficiency in service on the part of the OP. The complaint is liable to be rejected. Hence, the instant written version.
Considering the pleadings of both sides the following points have been raised for the disposal of the case.
Point for Decision
- Whether the complaint is maintainable in its present form and law?
- Whether the complainant has any cause of action to file this present case?
- Whether the complaint is barred by the Law of Limitation?
- Whether the complaint is bad for defect of parties.
- Whether the complaint is entitled to get relief as prayed for?
- To what other relief/reliefs the complaint is entitled to get?
Decision with Reasons.
Point Nos. 1 to 6.
All the points are taken up together for the sake of convenience.
The complaint’s case is for unlocking his savings Account where the OP has filed written version along with documents showing that they have already unlocked the account of the complainant.
From the case record it appears that inspite of giving sufficient opportunities the complaint is absent without steps on consecutive four occasions where the OP-Bank has filed written version along with several relevant documents in support of their case.
Considering the above status of the case, this Forum has no other alternative but to take up the case for disposal on merit.
In this case though the complainant has not filed any evidence-on affidavit but from the documents filed by the OP it appears that the relief as prayed for has already been given to the complainant by the OP Bank.
From the letter of OP bank, Berhampore Branch, it appears they have removed the hold on the Account of the complainant as the AIR did not reply to their letter dt.26.05.2016
From the above letter filed by the OP Bank it appears that the relief has already been obtained by the complainant and as such there is nothing to get any further relief from this case.
The complaint’s case is for unlocking his savings a/c where the OP has filed the relevant documents showing that they have already unlocked the said account of the complainant.
Accordingly the complaint be dismissed on merit.
Hence,
Ordered
that the Consumer Complaint No. 94/2016 be and the same is dismissed on merit as the grievance of the complainant stands redressed.
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
