STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                                   UTTAR PRADESH, LUCKNOW

                              COMPLAINT CASE NO. 20 OF 2014          

1. Smt. Sarvesh Pundheer

W/o Sri Vinod Kumar Pundheer

R/o. 1/1038, Sanjay Gandhi Colony

Rawan Teela, Aligarh

2. Vinod Kumar Pundheer

S/o Sri Mahaveer Singh

R/o. 1/1038, Sanjay Gandhi Colony

Rawan Teela, Aligarh 

                                                                            ...Complainants

                                                          V/s

Canara Bank

Branch MSME Branch

Aligarh

Through its Chief Manager/

Authorized Officer

                                                                                       ...Opposite Party

BEFORE:

HON'BLE MR. JUSTICE AKHTAR HUAIN KHAN, PRESIDENT

HON'BLE MRS. BAL KUMARI, MEMBER

For the Complainant        :  None appeared.

For the Opposite Party     : 

Dated :  16-11-2016

                                       JUDGMENT

            MR. JUSTICE AKHTAR HUSAIN KHAN, PRESIDENT (ORAL)

None appeared for complainants. Present complaint has been filed under Section-17 of the Consumer Protection Act 1986 by complainants Smt. Sarvesh Pundheer and Vinod Kumar Pundheer with following prayers.

1. That the Hon’ble Commission may graciously be pleased to restrain the opposite party from taking any coercive measures against the complainant.
2.  That the Hon’ble Commission may graciously be pleased to grant 25 Lacs (Rupees Twenty Five Lacs only) as compensation to the complainant to meet the ends of justice.
3.  That the Hon’ble Commission may direct the opposite party to provide the documents.
4. Any other order or direction which this Hon’ble Commission may

                                             :2:

deem just and appropriate under the circumstances of the case may also be passed in favour of the complainant.

5. Allow the cost of the complaint in favour of the complainant. 

It has been contended in complaint that respondent bank is threatening the complainants to initiate recovery proceedings against the complainants under the provision of  Special Enactment Act in an unauthorized and unwarranted manner without providing the statement of accounts to the complainants and also the copy of the agreement.

Initiation of proceeding under the Act is neither a deficiency in service; nor unfair trade practice.

We are of the view that complaint filed by the complainants is not maintainable at this stage under the Consumer Protection Act.

The complaint is dismissed.

 Let copy of this order be made available to the parties as per rules.

                            ( JUSTICE A H KHAN )

                                                                                                             PRESIDENT

                                                                                             ( SMT. BAL KUMARI )

                            MEMBER

Pnt.