Date of filing: 04.7.2017 Date of disposal: 18.7.2017
Complainant: 1. Kumud Mondal, S/o. Arunadoy Mondal. 2. Pulak Chowdhury, S/o. Late Patit Paban Chowdhury. 3. Hirarani Chowdhury, W/o. Patit Paban Chowdhury.
Complainant No. 1,2& 3 are resident of Vilage: Arrah, PO: Amarun Bazar, PS: Bhatar, Dist: Purba Bardhaman, PIN – 713 125.
4. Maha Kaosar Sekh, S/o. Abdul Kased Sk. 5. Md. Sorhab Seikh, S/o. Late Sobbhar Sk. 6. Sk. Asgar Ali, S/o. Late Abdul Rahaman.
Complainant No. 4,5&6 are resident of Vill: Rajipur, PO: C-Kanpur, PS: Bhatar, Dist: Burdwan (West), PIN – 713 125.
-V E R S U S-
Opposite Party: 1. The Branch Manager, UCo Bank, Bhatar Branch, having its office at Vill., PO. & PS: Bhatar, Saheb Ganj, PS: Bhatar, Dist: Burdwan, PIN – 713 125.
2. The Zonal Manager, UCo Bank, Burdwan, having its office at S.R.Complex, Police Line Bazar, G.T.Road, Burdwan, PO: Sripally, Dist: Burdwan, PIN – 713 103.
3. Agricultural Insurance Company of India Ltd., represented by its Regional Manager, having its office at OM Tower, 32, Chowringhee Road, Kolkata – 700 071.
Proforma Opposite Party: 4. The Branch Manager, Corporation Bank Ltd., Amarun Branch, Amarun Bazar, PO. PS: Bhatar, Dist: Burdwan (West), PIN – 713 125.
Present: Hon’ble Member: Smt. Silpi Majumder.
Hon’ble Member: Sri Pankaj Kumar Sinha.
Appeared for the Complainant (s): Ld. Advocate, Suvro Chakraborty.
Order No. 05, Dated: 18.7.2017
The ld. Counsel for the complainants is present. Today this record is fixed for admission hearing.
Today the complainants have filed a petition supported by an affidavit stating that in view of the decision of the larger Bench of the Hon’ble National Commission in the case of Ambrisk Kumar Shukla & others VS Ferrous Infrastructure Pvt. Ltd., the complainants are not willing to proceed with the present complaint in a single proceeding. The complainants are inclined to proceed with the complaint by filing separate complaint based on their grievances. By filing this application the complainants have prayed for passing an order giving then liberty to file afresh and withdrawal of the present complaint. It is stated by the complainants that if this application is not allowed they will suffer irreparable loss and injury and prayer is made by the complainants to provide them permission for withdrawal of the instant complaint subject to giving then liberty to file afresh.
We have carefully perused the contents of the application, as well as, the petition of complaint. In our view that after passing the judgment by the larger Bench of the Hon’ble National Commission in the case of Ambrisk Kumar Shukla & others VS Ferrous Infrastructure Pvt. Ltd., the present complaint cannot be maintainable in its present form. Therefore, the prayer as made out by the complainants is fair and we got much substance in it. In view of the prayer of the complainants, permission be given to withdraw their complaint.
Going by the foregoing discussion, hence it is
O r d e r e d
that the Consumer Complaint being No. 109/2017 is hereby dismissed as withdrawn without being admitted.
Be it mentioned that the complainants are at liberty to file fresh complaint separately, if any, if not barred otherwise before any competent Court/Forum/Commission in view of the judgment passed by the Hon’ble Supreme Court in the case of Laxmi Engineering (supra).
Let plain copy of this order be supplied to the complainants free of cost as per provisions of law.
Dictated and corrected by me.
(Silpi Majumder)
Member
DCDRF, Burdwan
(Pankaj Kumar Sinha) (Silpi Majumder)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
