Orissa

Jharsuguda

CC/7/2018

Mohammad Alam S/O- Dr. Mohammad Yusuf - Complainant(s)

Versus

The Govenner of Reserve Bank of India. Mumbai - Opp.Party(s)

Self

18 Apr 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 07 OF 2018

Mohammed Alam (22 Yrs.),

S/O- Dr. Mohammed Yusuf,

Occupation: Driver,

RO:Gumadera, PO/PS: Belpahar,Tahasil: Lakhanpur,

Dist: Jharsuguda, Odisha…………………………....…………………Complainant.

     

Versus

 

1. The Governor of Reserve Bank of India, Mumbai,

At: Sahid Bhagat Marg Fort for Mumbai-40 01.

 

2. The Governor of Reserve Bank of India,

Near Keshari Talkies,

PO/PS: Kharvelnagar, Bhubaneswar-1.……….………….….Opp. Parties.

 

Counsel for the Parties:-

For the Complainant                                   Self.               

For the Opp. Parties                                 A.K.Mallick, Representative.

 

Date of Order: 18.04.2018

 

Present

  1. Shri S.L.Behera, President.

   2. Shri S.K. Ojha, Member.

   3. Smt. A. Nanda, Member (W).

 

Shri S.L. Behera, President :-   The brief facts of the complaint case is that, the complainant is a NRI working at Saudi Arabia and he had returned to India reached to Mumbai on dtd.16.02.2017. As per circular of government of India on demonetization he deposited old currency notes Rs.500/- and Rs.1000/- in total Rs.10,000/- only before the Reserve Bank of India, Mumbai Branch(O.P.No.1) on dt.14.03.2017.  The Bank authority had issued Bank Receipt against said deposited amount but the complainant could not get the amount in return from the O.Ps. The complainant contacted several times through telephone and letter but the O.Ps. did not reply and till date he has not received his deposited amount from the O.ps.,   hence this case.

            The O.Ps appeared after being noticed through authorized representative and submitted that the complainant is not a consumer as per the provisions of Consumer Protection Act,1986 and as per provisions of SBN Act,2017 no suit all proceeding can be filed against the RBI for anything done.  The O.Ps. also submitted that they have communicated to the complainant through e-mail after rejection of the application of complainant demanding custom declaration certificate and prayed for dismissal of the case.

Heard from the parties and perused the materials available on record. The complainant has deposited 20 nos. of Rs.500/- old currency notes on dt.14.03.2017 amounting Rs.10,000/- only before the RBI, Mumbai Branch and received an acknowledgement. The O.Ps. send a letter through e-mail dtd.14.12.2017 on rejection of complainant application on non-submission of customs declaration certificate. The O.ps. filed various documents such as the notification publish by Government of India, the citations of Supreme Court of India and Hon’ble National Commission and several Circulars of Reserve Bank of India and also mentioned the provisions of SBN Act,2017.

The provision Under Section-10 of the Specified Bank Notes (cessation of liabilities) Act,2017 states that “No suit, prosecution or other legal proceeding shall lie against the Government, the Reserve bank or any of their officers for anything done or intended to be done in good faith under this Act”.

            On the above mentioned facts and circumstances, we do not found any deficiency in service or any unfair trade practice as per the provisions of Consumer Protection Act,1986 towards the complainant.  Hence the present complaint is hereby dismissed with no costs.      

Accordingly the case is disposed of.

Order pronounced in the open court today the 18^th day of April’ 2018. Free copy of this order be communicated to the concerned parties as per rule. 

          I Agree.                             I Agree.                                                                                          

                                         

1. Nanda, Member( W)         S.K.Ojha, Member        S. L. Behera, President  

                

                                     Dictated and corrected by me

 

                                               S. L. Behera, President