GOVERNMENT OF WEST BENGAL

20, Round Tank Lane ( Ground Floor ),

Howrah 711101.

/span>

b>DF ASE NO. 269OF2013

Shri Rajesh Kr. Koley,

son of Sri Prasanta Kumar Koley,

residing at Ichapur Canal Side, Purbapara,

P.O. Santragachi, P.S. Jagacha,

District Howrah,

PIN 711104.---------------------------- Complainant.

-Versus /span>

Branch Manager,

State Bank of India,

Ramrajatala Branch, Ramrajatala,

Howrah 711104,

& others.------------------------------Opposite Parties.

P R E S E N T

Honle President: Shri T.K. Bhattacharya.

Honle Member :Shri P.K. Chatterjee.

Honle Member :Smt. Jhumki Saha.

Order No.15 Date : 10-07-2014.

C/R is put up today for order. The instant hearing arose out of the petition filed by the o.p. SBI challenging the maintainability of the instant complaint on the ground stated therein.

After hearing the submission of the ld. lawyers of both sides and regard being had to the latest position of law and after going through the enclosures we are of the view that the complaint is

not maintainable in its present form, as it is barred by the provisions of SARFAESEAct, 2002.The status of the complainant is the borrower and not consumer under the o.p. bank.That apart, the complainant is guilty of suppressing the material facts. Notices under the SARFAESI Act was served upon the complainant on 13-10-2011 and subsequently on 15-10-2011. In suppressing this fact, the complainant filed the complaint on 06-08-2013 only to hoodwink the Forum.

Be that as it may, in view of the latest position of law, the instant complaint is barred by the provision of the said Act and as such not maintainable. It requires to be dismissed forthwith. /span>

Hence,

O R D E R E D

That the HDF Case No. 269 of 2013 be and the same is dismissed not being maintainable in law.

Member. Member.President.