West Bengal

Alipurduar

CC/37/2015

Sri Kajal Dey - Complainant(s)

Versus

The Manager, Alipurduar West Bengal State Co Operativ Bank Ltd. - Opp.Party(s)

20 Sep 2022

ORDER

In the District Consumer Disputes Redressal Forum
Alipurduar
Madhab More, Alipurduar
Pin. 736122
 
Complaint Case No. CC/37/2015
( Date of Filing : 21 Dec 2015 )
 
1. Sri Kajal Dey
S/O Lt. Akshaya Kr Dey, Bholardabri Lichutala, P.O. Bholardabri, P.S. & Dist. Alipurduar, Pin. 736123
...........Complainant(s)
Versus
1. The Manager, Alipurduar West Bengal State Co Operativ Bank Ltd.
Alipurduar Branch, Alipurduar Chowpathi, P.O. & Dist. Alipurduar, Pin 736121
2. The Manager
State Bank of India , Alipurduar Branch College Halt. P.O. Alipurduar Court Dist Alipurduar pin 736122
3. The Manager
State bank of India, Alipurduar Branch, College Halt, P.O. Alipurduar Court, Dist. Alipurduar, Pin. 736122
............Opp.Party(s)
 
BEFORE: 
 JUDGES Shri Santanu Misra PRESIDENT
 HON'BLE MRS. Smt. Giti Basak Agarwala MEMBER
 HON'BLE MR. Sri Nirod Baran Roy MEMBER
 
PRESENT:
 
Dated : 20 Sep 2022
Final Order / Judgement

Complainant is present in person.

O.P No. 2 also files hazira through his Ld. Advocate.

The copy of Final Order Dated – 29/11/2017 passed by the Hon’ble State Commission in connection with Revision Petition No. RP/213/2016 received by the post on 16/09/2022 which is kept with the record.

Complainant himself submits that the revision was preferred against the order No. 12 Dated – 20/10/2016 wherein the maintainable petition was filed by O.P No. 1 which was rejected by this Commission against the said rejection order revision was preferred. We further submit that in the said revision the Hon’ble State Commission in his final order quashed the proceeding against O.P No. 1 but the case be continued against O.P No. 2.

Ld. Lawyer for O.P No. 2 submits that the Hon’ble State Commission has quashed the entire proceeding and also dismissed the entire complaint. There is no direction of Hon’ble State Commission to proceed against O.P No. 2 i.e. the State Bank of India.  After hearing both sides and perusal of the final order of the Hon’ble State Commission it appears that the Hon’ble State Commission categorically rejected the order passed by this Commission and in the last paragraph of the final order of the Hon’ble State Commission has stated “Under these circumstances, the proceeding pending before the Ld. District Forum are hereby quashed. Revision petition are hereby allowed. The complaint is dismissed.”

The ordering portion of the final order of the Hon’ble State Commission we find that there is no whisper that the case will be continued against O.P No. 2 i.e. the State Bank of India rather the Hon’ble State Commission has quashed the entire proceedings pending before this Commission and also dismissed the entire complaint. This Commission has no jurisdiction to continue the proceeding against O.P No. 2 (State Bank of India) violating the order of the Hon’ble State Commission. As the Hon’ble State Commission has quashed the entire proceeding and dismissed the complaint entirely this Commission has no jurisdiction to continue to proceeding further.

The case is dismissed  in terms of the order of the Hon’ble State Commission.

 
 
[JUDGES Shri Santanu Misra]
PRESIDENT
 
 
[HON'BLE MRS. Smt. Giti Basak Agarwala]
MEMBER
 
 
[HON'BLE MR. Sri Nirod Baran Roy]
MEMBER
 

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