IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Thursday the 15th day of October, 2015
Filed on 19.02.2015
Present
1.Smt. Elizabeth George (President)
2.Sri. Antony Xavier (Member)
3.Smt.Jasmine.D. (Member)
in
C.C.No.51/2015
between
Complainant:- Opposite Parties:-
Dr. K. Raghu 1. The Branch Manager
Dharmalayathu Kizhakkethil Veedu State Bank of India
Muthukulam South P.O. Venmoni Branch
Alappuzha – 685 604 Alappuzha District
Now residing at Kochuparambil Veedu,
Padamughom P.O., Idukki – 685 604) 2. The Regional Manager
(By Adv. V.K. Shaji) S.B.I., Regional Business
Office Beach Road
Alappuzha
(By Adv. C. Parameswaran)
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The complaint is filed restraining the opposite parties from executing the attachment proceedings against them as per the notice dated 6.1.2014.
2. Opposite party filed objection stating that complaint is not maintainable. According to the opposite party the complainant is a defaulter of the opposite party bank has initiated the recovery steps for the statement of securitization and reconstruction of financial assets and enforcement of security interest Act 2002 and the complaint is hit by Section 34 and 35 of the said Act. “Relying the decision of Hon’ble National Commission reported in 2014 CPJ (II) page 638 for the recovery of the debt amount Section 18 of SARFAESI Act, clearly bars jurisdiction of any Civil Court or authority to entertain complaint/suit relating to recovery of loan amount by bank of financial institution – complaint filed under Consumer Protection Act not maintainable.”
In the result complaint is not maintainable.
Dictated to the Confidential Assistant transcribed by her corrected by me and pronounced in open Forum on this the day 15th of October, 2015.
Sd/- Smt.Elizabeth George (President)
Sd/- Sri. Antony Xavier (Member)
Sd/- Smt.Jasmine.D. (Member)
Appendix:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-