Tamil Nadu

StateCommission

A/530/2022

Deepak abhaya kumar - Complainant(s)

Versus

Aditya birla finance ltd rep by its director - Opp.Party(s)

Genicon & asso

28 Feb 2023

ORDER

IN THE TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

 

Present: Hon’ble Thiru. Justice R.SUBBIAH ... PRESIDENT

             Thiru.R VENKATESAPERUMAL       … MEMBER

 

F.A. No.530 of 2022

 

(Against the Order, dated 11.02.2022, in C.C. SR No.285 of 2021, on the file of  the DCDRC, Chennai-South)

                                                    

                             Orders pronounced on: 28.02.2023

 

Deepak Abhaya Kumar,

New No.27,

Mylai Ranganthan Street,

T. Nagar, Chennai-17.                                                                                                    .. Appellant/Complainant

 

vs.

 

Aditya Birla Finance Ltd.,

Rep. by its Director,

CIN: U65990GJ1991PLC064603,

Having its Branch Office at

No.TS 125, Ground Floor,

Saisadhan, North Phase,

SIDCO Industrial Estate,

Ekkaduthangal, Chennai,

Tamilnadu 32.                                                                                                                  … Respondent/Opp. Party

 

             For Appellant           :  M/s.Genicon & Associates

 

This First Appeal came up for final hearing on 23.01.2023 and, after hearing the arguments of the counsel for the appellant and perusing the materials on record and having stood over for consideration till this day, this Commission passes the following:-

 

O R D E R

 

R.Subbiah, J. – President.

 

             Aggrieved by the order, dated 11.02.2022, passed in C.C. SR. No.285 of 2021, by the DCDRC, Chennai-South, in returning the Complaint at the SR Stage on the point of pecuniary jurisdiction, the complainant has come up with the present First Appeal.

 

             2. Learned counsel for the appellant/complainant, after taking us through the impugned order that runs to the following effect,

          “ As per Sec 34 of Consumer Protection Act 2019 and the amendment Circular G.S.R.912 (E) the District Commission shall have jurisdiction to entertain complaints where the value of the goods or services paid as consideration does not exceed Fifty Lakh Rupees.  In this case, on perusal of the complaint, it is found that the complainant has paid consideration more than twenty crore rupees.  Therefore, this complaint shall be presented before the National Consumer Disputes Redressal Commission.  Hence, the complainant is directed to submit this Complaint before the competent jurisdiction within 45 days from the date of this order.  Hence this complaint is returned.”,

submits that the said order of the District Commission is ex facie erroneous for the reason that the loan amount which runs to crores of rupees is not the subject matter of the complaint nor it could be taken as the consideration, since the appellant has duly repaid the entire loan amount culminating in the issuance of ‘No Dues’ by the respondent/OP-NBFC.  According to him, the complainant filed the case  alleging service deficiency on the part of the OP in levying additional pre-closure charges, arbitrary deduction of DSRA (Debt Service Reserve Account) amount and non-refund of  the excess TDS for Rs.26,82,744/-, Rs.17,40,661/- and Rs.1,59,411/- respectively, in total – Rs.45,82,816/-.  The claim of the complainant against the respondent/OP-NBFC  is only in respect of the aforesaid sum, which is below Rs.50 lakh; that being so, there is no point or logic in taking the already settled loan amount of Rs.31.90 crore as the value or consideration for the purpose of computing the pecuniary jurisdiction.   When Section 34 of the CP Act, 2019 read with Notification GSR 912 (E), dated 30.12.2021, confers jurisdiction upon the District Commissions to entertain the complaints where the value of the goods/services paid as consideration is below Rs.50 lakh, in the present instance, the District Forum erroneously returned the complaint where the dispute is for a sum below Rs.50 lakh; thus, the complaint clearly falls within the pecuniary jurisdiction of the District Commission. On that basis, learned counsel pleads to set aside the impugned order and to consequently, direct the said Commission to take the complaint on file.

 

              3. From a careful perusal of the materials placed, we find that, obviously, the subject matter/dispute does not relate to the loan amount, rather, it is a claim against the OP over the alleged deduction of DSRA amount contrary to the guidelines of the RBI, additional levy of pre-closure charges and non-refund of excess TDS, all put together comes to Rs.45,82,816/-.  The papers spell out that the  cause of action for filing the complaint arose upon the alleged arbitrary deduction/additional levy/non-refund of the aforesaid sums by the OP; as such, the loan amount has no relevance to the present consumer dispute since it has already been paid, for which, ‘No Dues’ was also issued by the Bank.  Therefore, when the subject matter of the dispute does not relate to repayment of loan, rather, it pertains to the alleged service deficiency on the part of the OP corresponding to a claim below Rs.50 lakh, there cannot be any logic for the District Commission to take the already settled loan amount as the consideration so as to return the complaint on the point of pecuniary jurisdiction.  Since the District Commission completely misdirected itself in deciding the issue of pecuniary jurisdiction, the impugned order cannot be legally sustained and hence, we are inclined to set aside the same.

             In the result, the appeal is allowed, by setting aside the impugned order, dated 11.02.2022, passed by the DCDRC, Chennai (South), in C.C. SR. No.285 of 2021.  Consequently, the District Commission is directed to number the complaint, if it is otherwise in order.

    

              -Sd-                                                                                                                                                       -Sd-

R VENKATESAPERUMAL                                                                                                                     R.SUBBIAH, J.

          MEMBER                                                                                                                                         PRESIDENT.

 

 

 

 

ISM/TNSCDRC/Chennai/Orders/FEBRUARY/2023.