Karnataka

Bangalore 4th Additional

CC/10/2559

Franklin Joshua - Complainant(s)

Versus

HDFC Bank Limited - Opp.Party(s)

Inperson

18 Nov 2010

ORDER


BEFORE THE 4TH ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BANGALORE URBANNo.8, 7th Floor, Sahakara Bhavan, Cunnigham Road, Bangalore 560052
Complaint Case No. CC/10/2559
1. Franklin Joshua#35, 4th 'A' Cross, Jayappareddy Layout, Kanakanagar, Bangalore-32. BangaloreKarnataka ...........Appellant(s)

Versus.
1. HDFC Bank LimitedBranch Office 3rd Floor, 'B' Wing, Golden Towers, Old Airport Road, Kodihalli Bangalore-17. Representative of HDFC BankBangaloreKarnataka ...........Respondent(s)



BEFORE:
HONORABLE Sri D.Krishnappa ,PRESIDENTHONORABLE Anita Shivakumar. K ,Member
PRESENT :

Dated : 18 Nov 2010
JUDGEMENT

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                 Heard the complainant who is in person.   Complainant has filed this complaint against Op a banking institution contending to had borrowed a personal loan from the Op.   But because of the fact that he lost his job he could not repay that loan which has become over due and that the Op is now giving threatening calls and employed goondas for recovering that amount and thereby stated that he has been put to mental agony, stress and sufferings and thereby prayed for awarding damages of Rs.10.00 lakhs.

 

                 Admittedly, complainant is a defaulter in not repaying the loan borrowed from the Op.   He submits that he has no means to repay the loan amount.   It is not that he has got himself declared as bankrupt has claimed by him by filing a suit before the Civil Court. As long as the complainant continues as a debtor to the Financier banking institution the right of recovery cannot be denied.   Mere allegations of the complainant that Op has employed goondas and making threatening calls cannot give a cause of action.   Under the circumstance of the case, to bring the complaint within the purview of the act as he is not attributing any deficiency in the service of the op other than the alleged threatening calls.   Hence, complaint under these circumstances in our view is not maintainable before this forum.   With the result, complaint is dismissed as not maintainable.

 

 

 

                 MEMER                                             PRESIDENT.

 

 


[HONORABLE Anita Shivakumar. K] Member[HONORABLE Sri D.Krishnappa] PRESIDENT