Case: Mr. Pranab Kumar Guha S/o Late Promode Ranjan Guha Vs I.C.I.C.I. Bank Ltd. through the Customer Service Manager and I.C.I.C.I. Bank Ltd.. West Bengal State Consumer Disputes Redressal Commission

JudgesP.K. Chattopadhyay and S. Coari, Members
IssueConsumer
Judgement DateFebruary 08, 2010
CourtWest Bengal State Consumer Disputes Redressal Commission

Order:

S. Coari, Member, (West Bengal)

  1. The present Appeal has been directed against the Order No. 12 dt. 23.9.09 passed by the Calcutta District Consumer Disputes Redressal Forum, Unit-I, in Execution Case No. 42 of 2008 wherein the Ld. District Forum disposed of the Execution Case on full satisfaction.

  2. The Appellant/Petitioner initially filed the case before the Ld. District Forum against the OP/Bank as the Bank did not rectify a wrong entry in the credit card of the Appellant showing fictitious transaction to the tune of Rs. 2046.02. The Ld. Forum after considering both sides case was pleased to allow the petition of complaint in favour of the Appellant thereby directing the OP/Bank to rectify the disputed entry and pay compensation to the tune of Rs. 2,000/- and Litigation Cost of Rs. 1,000/-. As the OP/Bank did not comply with the order so passed by the Ld. District Forum in favour of the Appellant, the Appellant was compelled to file the Execution Case for proper redressal.

  3. The Ld. District Forum while disposing of the Execution case has observed that the OP/Bank having already satisfied the direction passed by the Ld. District Forum, there was no need to proceed with the Execution case and accordingly disposed of the same.

  4. The only moot question that revolves round the present Appeal is as to whether the Ld. District Forum was justified enough in disposing of the Execution case in the manner as discussed above.

    DECISION WITH REASONS

  5. At the time of hearing it has been submitted on behalf of the Respondent/Bank that the Bank having implemented the directions passed upon it by the Forum below in the complaint case in question there was no point on the part of the Appellant to file the Execution case. According to the Ld. Advocate for the Respondents, the Ld. District Forum was justified in disposing of the Execution case on full satisfaction as the Respondent/Bank has already paid the compensation and litigation cost and in the process has also rectified the transaction in question.

  6. We have duly considered the submissions so put forward on behalf of the Respondent/Bank and have gone through the materials on record including the impugned order and find that in this Appeal the Appellant has put forward a case to the effect that the Ld. District Forum...

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