STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                                   UTTAR PRADESH, LUCKNOW

                                    COMPLAINT NO. 262 OF 2017

Shri Jeet Ram Smarak Trust

An Educational Charitable Trust

Through its Trustee Sri Krishan Kumar Gupta

19-B Ektanagar, Bareilly.

                                                                                     ...Complainant

                                                           Vs.

01.Central Bank of India, Main Branch

     Civil Lines, Bareilly.

Through its Branch Manager

02.Central Bank of India

Regional Office, Jail Chungi

First Floor, P.O. Victoria Park Road

Meerut                      

Through its Regional Manager

1. Central Bank of India, Head Office

Through its Chairman

                                                                                     ...Opposite Parties

BEFORE:

HON'BLE MR. JUSTICE AKHTAR HUSAIN KHAN, PRESIDENT

For the Complainant        :    None appeared.

For the Opposite Party     :   

Dated :  23-08-2017

                                                  JUDGMENT

          MR. JUSTICE AKHTAR HUSAIN KHAN, PRESIDENT(ORAL)

None appeared for the complainant. On 08-08-2017 also none appeared for the complainant to press this complaint.

Perusal of complaint shows that this complaint has been filed under Section-17 of the Consumer Protection Act 1986 for redressal of grievance arising out of loan advanced by bank of opposite parties. The averment made in paragraph-4 of complaint shows that the amount of loan disbursed to the complainant is Rs.2.01 crore. The complainant has made following prayers in complaint.

1. That the O.P. may be ordered to refund excess interest charged till 15^th June 2017 amounting to Rs.74,79,709/- and during the pendency of this case and till the actual adjustment.

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2. That the O.P. may kindly be ordered to charge interest @ 13.5% p.a. being 3.5% above base rate in future.
3. That the O.P. may kindly be ordered to pay a sum of Rs.50,396/- towards interest charged on unutilized amount w.e.f. 01-04-2016 to 17-06-2016.
4. That a sum of Rs.10,00,000/- may kindly be awarded as compensation towards loss of goodwill for bouncing of 24 cheques of the complainant.
5. That a sum of Rs.10,00,000/- may kindly be awarded towards loss of goodwill due to non release of sanctioned loan.
6. That the O.Ps. may kindly be restrained from recovering the loan before March 2019 i.e. the term/tenure of loan.
7. Any other relief which the honourable State Commission may deem fit may also be awarded to the complainant against the opposite parties

It has been contended that the total amount of compensation claimed by the complainant is Rs.95,30,105/-. As such, the complaint is within pecuniary jurisdiction of this State Commission.

I have considered the contention of complainant.

The grievance of complainant has arisen out of transaction of loan concluded between parties. The value of service availed by complainant shall be the value of loan and the valuation of complaint shall be assessed on the basis of aggregate value of service availed and compensation claimed as held by Honourable National Commission in the case of Ambrish Kumar Shukla and others V/s Ferrous Infrastructure Pvt. Ltd.  reported in 2016(4) CPR 83 NC. The valuation of complaint goes above Rupees One Crore which is beyond pecuniary jurisdiction of this State Commission.

In view of above this complaint is beyond pecuniary jurisdiction of this State Commission. As such, complaint is returned to the complainant for filing it before Hon’ble National Commission in accordance with law.

Let copy of this order be made available to the parties positively within 15 days as per rules.

                                                                ( JUSTICE A H KHAN )

                                                                                 PRESIDENT