Sri Shyamal Gupta, Member

Aggrieved with the order of the Ld. DCDRC, Hooghly dated 30.04.2019 passed in CC/46/2018, this Appeal is moved by the Appellant/OP.

The Complainants stated that they invested Rs. 6,00,000/- by way of term deposit for a term of two years and the date of maturity was on 6^th August, 2017 for maturity value of Rs. 7,02,996/- with interest @ 8% per annum. Thereafter, the Complainant operated saving account but never withdraw nor encashed and/or prematurity terminated and/or in any manner diluted the said joint term deposit standing with the opposite party No. 2 Bank. After maturity when the complainants jointly approached the opposite party No. 1 and 2 for withdrawal the opposite party No. 1 said that the term/fixed deposit for a sum of Rs. 6,00,000/- was already encashed and/or pre-closed before the date of maturity. The Complainants became very much shocked and wanted to know the exact mode, manner and details of such alleged pre-matured withdrawal by whom but the opposite party No. 1 and 2 did not reveal the information as sought for and opposite party No. 1 and 2 verbally informed the complainants that the term deposit encashed by way of some forged and fabricated signature. The Complainants being the victim of fraud, cheat and misappropriation of money filed a FIR being No. 293/17 dated 12.08.2017 with the Dankuni Police Station U/s. 419/420/406/468/120B of Indian Penal Code against the opposite parties. The Complainants time to time addressed the opposite party No. 1 and 2 for enquiry about the steps taken by them and thereafter wrote a letter through their Ld. Advocate narrating the entire facts. But despite received the letter the opposite parties have failed to take any action.

At the stage, the Complainant filed the case before Ld. DCDRC for redressal.

Ld. DCDRC allowed the complaint case ex parte.

Being aggrieved with the order dated 30.04.2019, the OP/Appellant filed the instant Appeal.

Heard both sides at length and perused the documents in the record. Considering the entire panorama I am of the view that:-

1. Admittedly the Appellant/OP Bank did not file W.V nor conducted the case before the Ld. DCDRC and the case was heard ex parte.
2. Question of fraud is involved herein for which FIR was lodged at Dankuni P.S. u/s 419/420/406/468/471/120B IPC.
3. When a WV has not been filed; the DCDRC should be little cautious in proceeding, particularly where there is disputed question of fact involved in the case regarding which two different versions are came out.

The instant case needs further probing over the matter. Accordingly, the case is remanded back to Ld. DCDRC for fresh adjudication on merit. Thus the instant Appeal is allowed in part. Fix 31.01.2022 for appearance of both parties before Ld. DCDRC and filing WV by OP/Bank on that date.