West Bengal

Siliguri

CC/17/66

SRI NARESH CHANDRA BARIK - Complainant(s)

Versus

THE BRANCH MANAGER, STATE BANK OF INDIA - Opp.Party(s)

15 Mar 2018

ORDER

District Consumer Disputes Redressal Forum, Siliguri
Kshudiram Basu Bipanan Kendra (2nd Floor)
H. C. Road, P.O. and P.S. Prodhan Nagar,
Dist. Darjeeling.
 
Complaint Case No. CC/17/66
 
1. SRI NARESH CHANDRA BARIK
S/O LATE RAMESH CHANDRA BARIK, R/O VILLAGE & POST OFFICE -RANIDANGA,P.S-BAGDOGRA,DIST-DARJEELING.
...........Complainant(s)
Versus
1. THE BRANCH MANAGER, STATE BANK OF INDIA
HILL CART ROAD BRANCH,MANGALDEEP BUILDING, SILIGURI, P.O & P.S.-SILIGURI,DIST-DARJEELING..
2. THE BRANCH MANAGER,UNION BANK OF INDIA
RANIDANGA BRANCH, P.O -RANIDANGA,DIST-DARJEELING.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE SMT. KRISHNA PODDAR PRESIDENT
 HON'BLE MR. SHRI TAPAN KUMAR BARMAN MEMBER
 HON'BLE MRS. PRATITI BHATTACHARYYA MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 15 Mar 2018
Final Order / Judgement

Complainant takes no step.  The OP No.1 files hazira and one written statement by way of affidavit in respect of the cheque in question. 

Complainant is absent on repeated calls.  Record reveals that the complainant was absent on previous date without any step.

Heard the ld advocate of the OP No.1 bank. 

Perused the written statement, photocopy of the disputed cheque and the case record.

On perusal of the written statement as well as report of the Treasury Officer, Siliguri Treasury-I dated 15.11.2017 together with the photocopy of the disputed cheque enclosed herewith, it appears that the disputed cheque bearing No.241146 dated 22.08.2014 amounting Rs.11,890/- was issued by the Treasury Officer, Siliguri Treasury–I in favour of the Joint Block Development Officer, Matigara and the cheque was duly deposited to the OP bank and the OP No.1 after making payment in favour of the Joint BDO, Matigara (who received the cheque amount on 29.10.2014) sent the cheque to Reserve Bank of India, Kolkata as per Govt. rules.  The photocopy of the disputed cheque furnished on the side of the OP No.1 also disclosed that the disputed cheque was issued in the name of the Joint BDO, Matigara by the Treasury Officer, Siliguri Treasury–I.  So, it cannot be held by any stretch of imagination that the disputed cheque was issued by the Treasury Officer, Siliguri Treasury–I in the name of the complainant. 

The complainant has filed the instant case claiming that the alleged cheque was issued in his name which is nothing but a concocted story. 

From the facts and circumstances of the case, it is clear that the complainant is not a ‘consumer’ within the meaning under Section 2 (d) of the Consumer Protection Act, 1986 and he has no locus standi to file the present case.

Hence, it is

                   O R D E R E D

that the Consumer Case No.66/S/2017 is dismissed being not maintainable .

Let a copy of this order be supplied to the parties free of cost. 

 

 

 
 
[HON'BLE MR. JUSTICE SMT. KRISHNA PODDAR]
PRESIDENT
 
[HON'BLE MR. SHRI TAPAN KUMAR BARMAN]
MEMBER
 
[HON'BLE MRS. PRATITI BHATTACHARYYA]
MEMBER

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