Sri Shyamal Gupta, Member

Challenging the Order dated 14-06-2017, passed by the Ld. District Forum, South 24 Parganas in CC/229/2015, whereof the complaint case has been allowed, this Appeal u/s 15 of the Consumer Protection Act, 1986 is moved by the OPs, i.e., Punjab National Bank.

To narrate in brief, case of the Complainants before the Ld. District Forum was that, they availed of house building loan to the tune of Rs. 5,00,000/- from the OPs.  For this purpose, they pledged requisite security with the OPs.  It was alleged that, although they maintained sufficient balance in their account and never defaulted in payment of EMIs, the OPs arbitrarily showed them as defaulter.  Complaint lodged in this regard since fallen on deaf ears, the complaint case was filed.

Counter case of the OPs, as articulated before the Ld. District Forum was that, all debit and credit entries were duly reflected in the Statement of Accounts periodically.  It was empathically claimed that, whatever they did in respect of the subject loan account, was in strict compliance of the guidelines of the RBI.  They denied any wrongdoing/arbitrariness in their action and prayed for dismissal of the complaint case.

Decision with reasons

Both sides were heard through their respective Ld. Advocates. We have also perused the material on record carefully.

It transpires from the copy of letter dated 29-05-2014 that the Appellants have already taken recourse to the SARFAESI Act, 2002 in the year 2014 itself; whereas, the complaint case was filed in the year 2015..  The complaint case being filed later, it was evidently bad in law.  It requires no emphasis that the provisions of the SARFAESI Act, 2002 oust the jurisdiction of Consumer Fora. Somehow this vital aspect escaped the attention of the Ld. District Forum, which renders the impugned order untenable in law. If the Statements so issued by the Appellants are indeed beset with defects, Respondents may wish to bring such anomalies to the notice of the competent Court of Law.

Thus, we find enough merit in this Appeal.

Hence,

O R D E R E D

The Appeal stands allowed on contest against the Respondents.  The impugned order is hereby set aside. Respondents shall be at liberty to approach the competent Court of Law for redressal of their grievance, if they desire so.