ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                     JUDGMENT

            Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;

            “Direct the opposite party to disburse Rs.72,100/- to the account of the complainants bearing A/c No.11297534420 and pay Rs.5,000/- towards litigation and Rs.10,000/- towards mental agony”.

            The brief fact of the case is that, the complainants opened a S.B. account before the opposite party branch vide No.11297534420 in which the complainant No.1 draws his pension from the said account for their livelyhood. One Chandan Kumar Pati who is the son of the complainants availed CC loan in the name and style of Mahavir Traders and in the said loan the complainant No.1 stood as guarantor without knowledge of the complainant No.2. The opposite party without the knowledge of the complainant No.2 deducted some amount from the S.B. accounts of both the complainants and adjusted in the loan account of Chandan Kumar Pati. The loanee filed a writ application before Hon’ble High Court for payment of loan under OTS scheme and Hon’ble High Court allowed the loanee for payment of the rest loan amount through OTS scheme. But the opposite party after receiving the said order illegally without knowledge of the complainant No.2 deducted money from their S.B. account.

            Opposite party filed written version stating as under;

            The complainants opened the SB account before the opposite party bank from which the complainant No.1 draws his pension from the said account, but he stood as guarantor for his son namely Chandan Kumar Pati. The complainants son availed a CC loan from the opposite party bank in which the complainant No.1 voluntarily deposited STDR of Rs.1,00,000/- against that CC loan. In the mean while the complainant No.2 filed a C.C. No.111/2020 against the opposite party bank before this Hon’ble Commission, in order to take her share from the STDR account, subsequently she withdraw the same and settled the matter before the opposite party bank and complainant No.2 took her share from STDR account and rest part of the complainant No.1 was adjusted in CC loan of their son. The complainants intentionally and knowingly filed this present case before this Hon’ble Commission in order to grab the public money and put the present opposite party in to financial loss, harassment and mental agony.

            Complainants have not come with clean hand suppressed regarding filing, withdrawal of C.C. No.111/2020 and the complainant No.1 was guarantor and complainant No.2 being joint holder has no cause of action as the complainant No.1 is the guarantor and pension holder as such the complainants have failed to make out any case for deficiency in service or unfair trade practice or negligence as such the consumer complaint is dismissed. No cost.