Tripura

StateCommission

A/21/2019

Sri. Sreetanu Chowdhury - Complainant(s)

Versus

The Chairman, Tripura Gramin Bank - Opp.Party(s)

Mr. Promod Sahu, Mr. Utpal Das

16 Sep 2019

ORDER

Tripura State Consumer Disputes Redressal Commission, Agartala.

 

 

Case No.A.21.2019

 

1. Sri. Sreetanu Chowdhury,

S/o Ajit Ch. Chowdhury,

Master Para, near Housing board R.K. Pur,

PO. & P.S. – R.K. Pur, Udaipur

District - Gomati Tripura.

Pin: -799120

 

                                         Appellant.

Vs

 

1. The Chairman,

Tripura Gramin Bank,

Head office: Airport Road,

P.O. Abhoynagar, Agartala,

District: - West Tripura, Pin: -799005

 

2. The Branch Manager,

Tripura Gramin Bank,

          PO. & P.S. – R.K. Pur, Udaipur

          District - Gomati Tripura.

          Pin: -799120                                                                                   Respondents.

                

 

 

Present

Hon’ble Mr. Justice U.B. Saha

President,

State Commission

 

 

Mr. Narayan Ch. Sharma,

Member,

State Commission

 

Dr. Chhanda Bhattacharyya,

Member,

State Commission

 

 

For the Appellant:                                    Mr. Utpal Das, Adv.

For the Respondents:                               Mr. Tapan Kumar Modak, Adv.

Date of Hearing & Delivery of Judgment:         16.09.2019.

 

 

J U D G E M E N T [O R A L]

 

U.B. Saha, J,

The instant appeal is directed against the order dated on 21.06.2019 passed by the Ld. District Consumer Disputes Redressal Forum, West Tripura (here in after refer as District Forum) in CC.43 of 2019 whereby and where under the learned District Forum disposed the complaint petition being lack of jurisdiction with a liberty too withdrawn the complaint petition and file a fresh before the District Forum of Gomati Tripura.

2. Heard Mr. Utpal Das Ld. Counsel appearing on behalf of the appellant complainant as well as Mr. Tapan kumar Modak Ld. Counsel appearing on behalf of the respondent opposite party Bank.
3. Facts needed to be discussed are as follows: -

The appellant complainant availed Educational loan amounting to Rs. 3,37,500/- (Rupees three lakh thirty seven thousand) only, from the Tripura Gramin Bank Udaipur Branch on 10.11.2009 and he repaid an amount of Rs. 5,12,684/- (Rupees five lakh twelve thousand six hundred and eighty four) only having an outstanding balance of Rs. 73,700/- (Rupees seventy three thousand seven hundred) only as on 22.03.2019.

Complainant has approached the respondent Tripura Gramin Bank, Udaipur Branch for the benefit of  “Central Scheme to provide interest subsidy (CSIS) for the period of  moratorium i.e., course period one year or six month after getting job, whichever is earlier.”

The respondent opposite party Bank authority did not gave any such subsidy to the complainant, hence the complaint petition.

4.     The District Forum register the complaint petition as CC.43 of 2019 and fix the case on 21.06.2019 for hearing admission. On 21.06.2019 after hearing the parties the Ld. District Forum disposed the complaint petition being lack of jurisdiction with a liberty to the complainant to withdraw his complaint petition and file a fresh before the Ld. District Forum at Gomati District Tripura. Being aggrieved by the aforesaid order dated 21.06.2019 the complainant filed an instant appeal.

5.    Mr. Das Ld. counsel while urging for setting aside the impugned order would contend that the Ld. District Forum commit error while deciding the question of territorial jurisdiction. He again submits that Gramin bank has its Head office at Agartala, thus the Ld. District Forum has its jurisdiction.

6.    Mr. Modak Ld. Counsel appearing for the respondents Bank while supporting the impugned order would contend that the Ld. District Forum rightly passed the order hence no interference is called for by this commission.

7.     We have gone through the impugned order, according to us the Ld. District Forum did not commit any error as cause of action has arisen at Udaipur under Gomati District i.e., the place where from the complainant appellant took the loan from Tripura Gramin Bank, Udaipur Branch.

8.    In view of the above we are of the opinion that the Ld. District Forum did not commit any error thus no interference is called for.

In the result the appeal is dismissed, send done the lower court record.