ORAL

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                              UTTAR PRADESH, LUCKNOW

                                 COMPLAINT NO. 554 OF 2017

          Santosh Kumar Mishra

          Proprietor M/s Vishnu Industries

          Tehsil Basti, District Basti.

                                                                            ...Complainant

                                                     Vs.

Chief Manager

Central Bank of India

Raja Bazar, Purani Basti

District Basti

                                                                            ...Opposite Party

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

HON’BLE MR. MAHESH CHAND, MEMBER

For the Complainant           :  Sri Sanjay Kumar Verma, Advocate.

For the Opposite Party        :                       -

Dated :  13-08-2018

                                            JUDGMENT

MR. JUSTICE A. H. KHAN, PRESIDENT

Complainant Santosh Kumar Mishra has filed this complaint before State Commission under Section 17 of the Consumer Protection Act 1986 against opposite party Central Bank of India seeking following reliefs.

01.To direct the opposite party to pay Rs.41,70,433/- to complainant.

02.To direct the opposite party to pay Rs.60,940/- and Rs.10,000/- total Rs.70,940/- alongwith 18% interest from the date of filing of complaint case.

03.To direct the opposite party to pay Rs.10,00,000/- for physical and mental harassment.

04.To direct the opposite party to pay Rs.30,000/- for cost of the case.

05.Any other relief which this Hon’ble Court deems fit and proper in the interest of justice.

It is apparent from averments made in complaint that till 03-07-2017 Rs.2,35,27,690/- against C.C. Limit and Rs.11,91,805/- against T.L.

:2:

was outstanding against complainant and against said outstanding dues bank/opposite party has made adjustment of N.S.C. and F.D.Rs kept by complainant with bank as security for payment of loan. The grievance of complainant is that the bank/opposite party has made adjustment of said N.S.C. and F.D.Rs against outstanding dues of loan without notice to complainant.

Valuation of complaint shall be value of service availed and service availed by complainant in present complaint is the loan which has been taken by complainant from opposite party. Therefore, in view of amount of loan and outstanding dues against complainant the valuation of this complaint goes above pecuniary jurisdiction of this State Commission.

In view of above without expressing opinion on merits regarding maintainability of complaint , the complaint is returned to complainant for presenting it before Honourable National Commission in accordance with law.

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

( JUSTICE A H KHAN )

                                                                                                    PRESIDENT

                                                                   ( MAHESH CHAND )

                                                                                    MEMBER

          Pnt.