Objection Petition in Consumer Case

 

 

 

 

 

 

Before the Hon’ble District Consumer Disputes Redressal Forum, at Alipore, South 24 Parganas.

 

 

                                                          C.C. no. 237 of 2011.

 

                                                          In the matter of :

 

                                                          Shri Amitabha Brahamachari.

 ___Complainant.

-          Versus –

 

State Bank of India and others.

                             ____Opposite Parties.

 

 

Objection Petition by the Complainant Shri Amitabha Brahamachari, as to against the application of maintainability filed by the Opposite Parties.

 

 

The humble petition of the above named Complainant petitioner Shri Amitabyha Brahamachari, most respectfully;

 

 

Sheweth as under :

 

 

1 : That the application of maintainability filed by the O.P. Bank, is a vexious application and does not stand in the eye of Law.

 

 

 

 

 

 

 

 

2 : That the Complainant alleges deficiency in service against O.P. Bank that the fraudulent withdrawal of the disputed cheque were done by unscrupulous persons with the indulgence of the O.P. Bank, who did not pay heed to his grievances only to save those persons and also evade their statutory obligation.

 

3 : That thus the fraudulent withdrawal of  money and unauthorized withdrawal of money as specified and more particularly described in the petition of complaint constitute and or established the deficiency in service on the part of O.P. Bank.

 

4 : That the Letter dated 30-08- 2011, being reference no. BR 30/264, issued by the O.P. Bank, being Annexure – I, of the petition of Complaint, shows that how the O.P. Bank caused deficiency in service, by not taking any opinion of handwriting expert on purported alleged signature on the said cheque.  

 

5 : That the Complainant lodged his grievances with the Police Authority, who causes FIR and whereas the same is still pending before the Learned Additional Chief Judicial Magistrate, at Alipore, South 24 Parganas. The continuation of such Case cant not barred the present proceeding under the Consumer Protection Act’ 1986.

 

6 : That the present proceeding is well within the jurisdiction of the Hon’ble District Consumer Disputes Redressal Forum, at Alipore, South 24 Parganas, and within the ambit of the Consumer Protection Act’ 1986.

 

7 : That the Complainant relied upon a Judgment passed by the Hoin’ble District Consumer Disputes Redressal Forum at Hooghly, West Bengal, in CDF no. 06 of 2007, ( Sri Dhirendra Nath Basak – versus – UCO Bank ), decided on 20-03-2009, which is much similar to the present proceeding, of the complainant, before the Hon’ble Forum.

 

 

 

 

 

 

 

 

 

 

8 : That this objection petition is made bonafide in the interest of administration of justice.

 

 

It is therefore prayed that your Honour would be graciously pleased to reject and or dismissed the maintainability application filed by the O.P. Bank, and or to pass such other necessary order or orders as your Honour may deem, fit, and proper for the end of justice.

 

And for this act of kindness, the Petitioner as in duty bound shall ever pray.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Verification

 

 

I, Sri Amitabha Brahamachari, being the Complainant petitioner herein in the above referred case proceeding, made this application, and duly conversant with the material facts as stated in the forgoing paragraph of this application. I signed and verified thia petition of objection as on 3^rd day of September4’ 2012, at Alipore Judges Court, Alipore, Kolkata – 700 027.

 

 

 

 

Sri Amitabha Brahamachari.

 

Identified by me,

 

 

Advocate.

 

 

Prepared in my Chamber,

 

 

 

Advocate.

Dated : 3^rd day of September’ 2012.

Place : Alipore Judges Court.