West Bengal

Birbhum

MA/18/2023

Koushik Mondal - Complainant(s)

Versus

UCO Bank represent by M.D and C.E.O - Opp.Party(s)

16 May 2023

ORDER

Shri Sudip Majumder- President-in-Charge.

            The record is put up on the strength one application U/S 38(8) of the C.P Act, 2019 filed by the complainant/petitioner and the same has been registered as M.A. Case being No. 18/2023. Record is now taken up for hearing.

            Perused the petition. Heard Ld. Advocate for the complainant. Considered. From the content of the petition it appears that the complainant intends to state that the complainant being a self-employed person applied for financial assistance from O.P. No. 3 and the said project is approved by the DIC. Birbhum as per ISI specified plant and machinery items which would be installed by WATERLITE INDIA UDYOG, Kolkata.

            It is also the case of the complainant that as soon as the loan amount of Rs. 17.5 lakhs was sanctioned in favour of the complainant in January 2022, sum of Rs. 1.5 lakhs and Rs. 16 lakhs respectively transferred on 11/01/2022 and 14/01/2022 from the complainant’s loan account to a third party account namely ‘Ghosh Enterprise’ without the knowledge of the complainant and that too funneling the project money in favour of a third party by way of approving a non ISI brand plant and machinery other than the said WATER LITE INDIA UDYOG which is a reputed and tested, trust worthy company for supplying water bottling plant having good client tale in similar kind of project, moreover the said third party or ‘Ghosh Enterprise’ or one Dibendu Ghosh without any option/consent from the complainant and without approval from the D.I.C or O.P. bank unilaterally inserted one unbranded machine, value of with which could not be valued more than Rs. 3 Lakhs which was only supplied at the instance of bank manager or O.P No. 3 who have vested interest for his own wrongful

 

 

 

gain, having unholy nexus with the said ‘Ghosh Enterprise’ for wrongful gain with a view to dispropriate complainant’s said loan amount of Rs. 17.5 lakhs by way of exercising unfair practice as a result the said project received a jolt since March 2022 due to unfair trade practice and/or sheer negligency on the part of the O.P. No. 3.

            In view of the aforesaid facts and circumstances, complainant prays for passing interim order as follows:-

1. an ad-interim stay order may be passed against the O.P. No. 1 to 3 restraining themselves from imposing any bank charges against the aforesaid purported loan account No. 06730610017623 till the disposal of the instant dispute case,
2. an interim order may be passed for discovery production and inspection of the loan account, statement of accounts and payment details related to the aforesaid loan account,
3. any other order or orders may be passed considering the facts and circumstances.

Considering the facts and circumstances of the case as well as the balance of convenience and

inconvenience and irreparable loss and injury this Commission in of view that there is sufficient prima facie case in favour of the complainant/petitioner.

Hence,

                        ordered,

                                    thus the prayer for interim relief as files by the petitioner is considered and allowed exparte.

The O.P. members are directed not to imposing any bank charge against the aforesaid purported loan account No. 06730610017623 till 13/06/2023.

            The O.P. members are also directed to produce the inspection report of the said loan account, statement of accounts and payment details relating to the said loan account before this Commission on 13/06/2023.

            Thus, the petition filed by complainant for passing interim order being M.A. Case No. 18/2023 is considered and allowed exparte without any cost.

                        Thus the M.A. Case No. 18/2023 is disposed of.

                        Fix. 13/06/2023 for S/R, appearance and W/V from/by the O.P. side.

                        Let a copy of this order be supplied to the complainant/petitioner free of cost.