Sh. Susheel Kumar Sharma    V/s             ICICI Bank Ltd.

Case No. 386/08

17.08.17

Present:                                                                    None

None has appearing on behalf of the complainant since 02.07.12 though as per record notices were issued to him for many dates. 

We directed issuance of notice for pairavi to the complainant at his given address for 29.10.15 which was received back unserved with the report of the postman “left”.

 As per our direction the office traced out the second address of the complainant as 1153A, Maruti Vihar, Gurgaon and 1065A Maruti Vihar Gurgaon. Notice for pairavi was directed to be issued to him on these addresses for 19.01.17. On 19.01.17 the complainant had appeared and sought an adjournment so that he could construct his file. Matter was accordingly adjourned for today with a direction that no further adjournment in the matter shall be granted.

Today it is already 12.50 p.m. None has appeared to advance arguments on behalf of the complainant.

We have gone through the file very carefully and we proceed to decide the complaint.

The complaint has been filed with respect to sanction of the home loan of Rs.30 lacs and the dispute raised in the complaint is with regard to rate of interest which charged by the OP on the amount of the loan of Rs.30 lacs.  Therefore, in our considered opinion, the pecuniary jurisdiction for taking cognizance of the complaint had to be Rs.30 lacs. 

The OPs have not raised any such objection in their reply. However, in our considered opinion, the pecuniary jurisdiction on a particular court/forum cannot be granted by the joint consent of the parties and this question has to be decided by the court/forum according to the provision of the law.

This Forum has the pecuniary jurisdiction to entertain the complaints for an amount upto Rs.20 lacs. Surprisingly enough in the complaint the complainant has nowhere stated as to how this court/ Forum has the pecuniary jurisdiction to entertain the complaint which ought to have been mentioned in the complaint. Therefore, in cur considered opinion, this Forum has no pecuniary jurisdiction to entertain the complaint.  We dispose off the complaint on this ground alone leaving the parties to bear their own cost.