Both parties file hazirah. Today is fixed for delivery of Final Order. At the time of writing out Final Order/ Judgement it came to the notice of this Commission that both the Complainant have filed this case against the Jalpaiguri Central Co-operative Bank Limited, the Chief Executive Officer of Jalpaiguri Central Co-operative Bank Limited, The Branch Manager Jalpaiguri Central Co-operative Bank Limited under Section 12 of the Consumer Dispute Redressal Act, 1986 and claiming a sum of Rs. 14,15,176.00/- (Rupees Fourteen Lakhs Fifteen Thousand One Hundred and Seventy Six) only from the O.P’s. towards maturity amount of term deposit, compensation for mental agony, damage for deficiency in service.

The O.P’s. have appeared before this Commission through Vokalatnama, filed Written Version by denying all the material allegations of the Complainant. In the Written Version the O.P’.s have specifically stated in page no. 07 that a complaint was lodged by the Jalpaiguri Central Co-operative Bank Limited at Dhupguri P.S. on 23.08.2018 against the present Complainant No. 1 Subhas Mandal ( Ex-Chairman ) of the said Bank and 3(three) others alleging offence punishable Under Sections 409/ 420/ 468/ 471/ 120-B I.P.C. being Dhupguri P.S. Case No. 286/ 17 dt. 24.08.2017. It is also stated in the Written Version of the O.P’s. that the Complainant and 3 (three) other accused persons were Charge-sheeted and presently under order of bail and the said case is pending before the Ld. Additional District and Session Judge 2^nd Court, Jalpaiguri (Vide SPL Case No. 18/2017).

At the time of writing out Jdugement it also came to the notice of this Commission that in the list of questionnaires filed on behalf of the O.P’s. they asked a question to the Complainant as to whether the O.P. No. 1 Bank lodged a complaint at Dhupguri P.S. on 23.08.2017 and whether the present Complainant along with others were arrested by the Police of Dhupguri P.S. in connection With Dhupguri P.S. Case No. 286/17 dt 24.08.2017 Under Section 409/ 420/ 468/ 471/ 120-B I.P.C. In reply to the questionnaires of the O.P’s. the Complainant in Para No. 14 & 15 admits that a case was lodged against the Complainant No. 1 and others though the Complainant has alleged that the allegation of the case is false.

From the argument put forwarded by both the parties it came to the notice of this Commission that a specific criminal case being no. SPL- 18/17 Corresponding to Dhupguri P.S. Case No. 286/17 dt 24.08.2017 Under Section 409/ 420/ 468/ 471/ 120-B I.P.C. is pending before the Ld. Additional District & Sessions Judge, 2^nd Court, Jalpaiguri for disposal.

Since when a specific criminal case is pending against the Complainant No. 1 and 3 (three) others in connection with the allegations of misappropriation of Public fund lying with the Jalpaiguri Central Co-operative Bank Limited we are of the view that this is the fit time to Return the plaint to the Complainant with liberty to file the same after conclusion of trial of SPL- 18/17 Corresponding to Dhupguri P.S. Case No. 286/17 dt 24.08.2017 Under Section 409/ 420/ 468/ 471/ 120-B I.P.C.which is now pending  before the Ld. Additional District & Sessions Judge, 2^nd Court, Jalpaiguri.

In view of the above discussion let the original Complaint along with the original documents if any be returned to the Complainant for filing of the same before this Commission after completion of

SPL- 18/17 Corresponding to Dhupguri P.S. Case No. 286/17 dt 24.08.2017 Under Section 409/ 420/ 468/ 471/ 120-B I.P.C.

Office is directed to return the Plaint to the Complainants on proper verification and by keeping a Xerox Copy of the Plaint.

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