West Bengal

Hooghly

CC/149/2022

SRI GOUTAM CHAKRABORTY - Complainant(s)

Versus

BRANCH HEAD OF GIC HOUSING FINANCE LTD AND ORS - Opp.Party(s)

SUKUMAR CHANDRA NATH

02 Aug 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, HOOGHLY
CC OF 2021
PETITIONER
VERS
OPPOSITE PARTY
 
Complaint Case No. CC/149/2022
( Date of Filing : 22 Jul 2022 )
 
1. SRI GOUTAM CHAKRABORTY
468 SK BOSE SARANI, P.O- SHEORAPHULI, P.S- SERAMPORE,PIN-712223
HOOGHLY
WEST BENGAL
2. SMT NAMITA CHAKRABORTY
468 S.K BOSE SARANI, P.O- SHEORAPHULI, P.S- SERAMPORE, PIN- 712223
HOOGHLY
WEST BENGAL
...........Complainant(s)
Versus
1. BRANCH HEAD OF GIC HOUSING FINANCE LTD AND ORS
ROYAL INSURANCE BUILDING, 5 NS ROAD, KOLKATA-700001, P.S-LALBAZAR
KOLKATA
WEST BENGAL
2. SRI SWAPAN PAUL
AGENT OF GIC, OPP TO DENTAL CLINIC OF PARTHA PRATIM PYNE, P.0- SHEORAPHULI, P.S- SERAMPORE, PIN-712223
HOOGHLY
WEST BENGAL
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Debasish Bandyopadhyay PRESIDENT
 HON'BLE MRS. Minakshi Chakraborty MEMBER
 HON'BLE MR. Debasis Bhattacharya MEMBER
 
PRESENT:
 
Dated : 02 Aug 2022
Final Order / Judgement

Today is fixed for hearing on the point of admission of this case.

Complainant side is found ready through ld. Advocate.

It is the argument and main point of contention of the ld. Advocate of the complainant side that this District Commission has territorial jurisdiction as the complainants and op no. 2 have been residing at Sheoraphuly and this District Commission has also pecuniary jurisdiction as this case has been filed for compensation below 50 lakh. It is also argued that the complainant has already paid Rs. 40,000/- through PhonePe and the complainants are also ready to pay the balance amount if it is disclosed but the opposite parties have not intimated the complainants about the total amount which is due and for that reason the complainant has failed to pay the said amount.

By drawing the attention of this District Commission to the annexed documents (P-36 and 44) pointed out that the loan offer was accepted by the Op No. 1 and so there is contractual obligation in between the parties and for that reason the Securitization & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) is not applicable. It is prayed by the ld. Advocate of the complainant to issue notice upon opposite parties for unearthing the actual fact.

On the background of the above noted points of argument and point of contention of complainant side, this District Commission after going through the materials of the case record finds that the Op No. 1 has already started proceedings u/s 13 (2) of the SARFAESI Act, 2002 on 25.4.2022 and the said notice has duly been served upon the complainants, prior to the institution of this case.

Now the question is whether this complaint case is maintainable particularly when the proceedings u/s 13 (2) of the SARFAESI Act, 2022 has already been started or not?

In this connection as per Section 34 of SARFAESI Act the Consumer Commission has no power to interferer when the notice has been issued under the SARFAESI Act. Hon’ble West Bengal State Consumer Disputes Redressal Commission, Kolkata has also been pleased to observe that Civil Court or any other authority cannot arrogate to itself the right to make decisions or interfere with the SARFAESI Act and as per Section 34 of the SARFAESI Act the Consumer Commission has no power to interfere when the notice has been issued under the SARFAESI Act. This legal principle has been reported in the 2022(2) CPR 101 (W.B.).

Thus, it is crystal clear that this District Commission has no jurisdiction to try this case.

For that reason the argument and/ or point of contention highlighted by the complainant side cannot be accepted.

In the result it is accordingly,

ordered

that this complainant is found not maintainable and this District Commission has no jurisdiction to try this case.

For that reason this complainant case no. 149 of 2022 be and the same is dismissed.

No order is passed as to costs.

 
 
[HON'BLE MR. JUSTICE Debasish Bandyopadhyay]
PRESIDENT
 
 
[HON'BLE MRS. Minakshi Chakraborty]
MEMBER
 
 
[HON'BLE MR. Debasis Bhattacharya]
MEMBER
 

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