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1.Mohammed Imran filed a consumer case on 29 Nov 2022 against 1. The Senior Manager, Syndicate Bank in the Sambalpur Consumer Court. The case no is CC/15/2022 and the judgment uploaded on 01 Dec 2022.
PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR
CONSUMER COMPLAINT CASE NO- 15/2022
Present-Dr. Ramakanta Satapathy, President,
Sri. Sadananda Tripathy, Member,
S/o-Mohammed Farooque
S/o-Mohammed Ibrahim
Bothe are resident of- Motijharan,
Po/Ps-Dhanupali, Dist-Sambalpur ...………..Complainant
Versus
Sambalpur Main Branch(After Merger now known as Canara Bank)
At-Brooks Hill, Sakhipara, Dist-Sambalpur.
R/O-Bhubaneswar-II, At-F-4, 2nd Floor,
Indradhanu Market Complex, IRC Village,
Ps-Nayapalli, Bhubaneswar, Dist-Kurla .…………...Opp.Parties
Counsels:-
Date of Filing:02.04.2022,Date of Hearing :20.09.2022, Date of Judgement : 29.11.2022
Presented by Dr. Ramakanta Satapathy, PRESIDENT,
The Complainants allege that being aggrieved this Complaint has been filed with the guarantor, Complainant No.2.
The application dated 07.03.2022 received on 08.03.2022 by the O.P. Bank is only to file the complaint. There is no any deficiency on the part of the Bank.
The DRT has only authority to entertain case under SARFAESI Act, as per Sec. 34 of the Act, 2002. The case is not maintainable and liable to be dismissed.
Whether this Complaint is not maintainable in view of pendency of SARFAESI proceeding against the Complainant?
The Complainants in their complaint admitted the facts of demand notice issued u/s 13(2) and possession notice/s 13(4) of the SARFAESI Act, 2002. As per direction of the Hon’ble High Court, Orissa in W.P.(c) No. 3489/2020 dated 28.02.2020. The Complainants have deposited Rs. 1.5Lakhs on 31.03.2020. An application for Compromise/Settlement of loan account was also to be filed before 31.03.2020. The Complainant No.2 filed an application on 27.03.2020 does not contain the agreed amount.
For OTS/Compromise agreed amount is essential and as per OTS principles the initial deposit to be made with the Bank for consideration of proposal. Granting of loan is the discretion of the Bank, likewise a proposal for settlement is having norms. In order to delay the payment and frustrate the SARFAESI proceeding the Complainants issued notice dated 07.03.2022 and between 31.03.2020 to 07.03.2022 no any application or trial for settlement has been made from the side of the Complainants. The Complainants have not come to the Commission with clean hands. Section 34 of the SARFAESI Act, 2002 bars the jurisdictions of other courts. Accordingly it is ordered.
ORDER
The Complaint is dismissed on contest against the O.Ps on the point of maintainability. The parties are to bear their own cost.
Order pronounced in open court on this 29th day of Nov. 2022.
Supply free copies to the parties.
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