Date of filing: 09.10.2018 Date of disposal: 30.04.2019
Complainant: Sri Kamalesh Samadder, S/O-Sri Krishna Chandra Samadder, Resident of 85,Khan Pukur, Golghar, P.O. Burdwan, P.S. Burdwan, Dist. Purba Bardhaman, Pin 713101, West Bengal.
Opposite Party: 1. Allahabad Bank, Branch Office at Baidyanath Caterer, Monorama Sadan, Dutta Centre, P.O & P.S. Burdwan, Dist. Purba Bardhaman, Pin 713101.
Proforma OP: 2. M/s French Motor Car Company Ltd., the Branch Manager, Branch Office cum Show room at G.T. Road, Ushagram, P.O. Ushagram, P.S. Asansol(South), Dist.-Purba Bardhaman,
Present : Hon’ble President: Smt. Jayanti Maitra (Ray).
Hon’ble Member : Ms.. Nivedita Ghosh.
Hon’ble Member: Dr. Tapan Kumar Tripathy.
Appeared for the Complainant: Ld. Advocate, Debdas Rudra.
Appeared for the Opposite Party No.1: Ld. Advocate, Jayanta Konar.
Order No. 15, Dated: 30.04.2019
As the M.A. being No. 06/2019 filed by the complainant is dismissed on contest, this Forum has no jurisdiction to grant injunction in respect of any action taken or to be taken under SARFAESI Act, 2002 and the M.A. being No. 07/2019 filed by the Op Bank is allowed on contest as the CDRF has no jurisdiction to entertain any complaint in respect of any measures taken by any BANKS or a Financial Institutions under the SARFAESI Act, 2002 and the CDRF has no jurisdiction to give any relief whatsoever against the same, so the instant Consumer Complaint has lost its merit. Therefore, this complaint should be dismissed.
Hence, it is
O r d e r e d
that the Consumer Complaint being No. 176/2018 be and the same is dismissed as it is not maintainable under the SARFAESI Act, 2002.
Let plain copies of this order be supplied to the parties free of cost as per provisions of law.
Dictated & Corrected by me: (Jayanti Maitra (Ray)
President
(Jayanti Maitra (Ray) DCDRF, Purba Bardhaman
President
DCDRF, Purba Bardhaman
(Tapan Kumar Tripathy) (Nivedita Ghosh)
Member Member
DCDRF, Purba Bardhaman DCDRF, Purba Bardhaman
