DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 380/2018
D. No. _____________________ Date: ________________
IN THE MATTER OF:
ABDUL KARIM WANI,
S/o GULAM AHMAD WANI,
R/o R-8, 1st FLOOR, SOUTH EXTN.,
PART-II, NEW DELHI-110049. … COMPLAINANT
Versus
ICICI BANK,
ICICI TOWERS, NBCC PLACE,
BHISHMA PITAMAH MARG,
PRAGATI VIHAR, DELHI-110003.… OPPOSITE PARTY
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 04.06.2018
Date of decision: 18.11.2019
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against the OP under section 12 of the Consumer Protection Act, 1986 thereby alleging that the complainant applied to OP for grant and disbursement of Loan of Rs.1,00,00,000/- (rupees one crore) against the property in the year-2007 and has been regularly paying the EMIs of the Laon and OP informed the complainant that the Loan will be granted at fixed rate of interest of 12-13% per
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annuum and OP granted the Loan facility to the complainant on 20.10.2007 and Loan was disbursed to the complainant on 23.10.2007 vide a cheque and it was told to the complainant that there will be 156 monthly installments amounting to Rs.1,37,901/- per month. The complainant further alleged that the bank did not give to the complainant any offer letter/sanction letter of loan facility and in the month of September-2017, the complainant requested OP to provide complete statement of Loan account as the complainant was of the view that his Loan statements are about to be completed and on the request of the complainant, OP provided the complete bank statement of Loan account on 20.09.2017 i.e. w.e.f. October-2007 to September-2017 and from the said statement the complainant came to know that Loan was to be repaid in 191 installments with floating rate of interest and OP was not listening to the request of the complainant that it was a fixed rate of interest. Thereupon, the complainant wrote a letter on 12.01.2018 asking OP to provide some documents and on 17.01.2018 the complainant received an e-mail from customer care of OP that required documents has been sent to the branch and the complainant can collect the same and on 24.01.2018 the complainant received a sealed envelop from OP which contained irrelevant documents and thereupon the complainant immediately wrote an e-mail to the customer care of OP for supplying the relevant documents and request was acknowledged by OP vide mail
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dated 25.01.2018. The complainant received e-mail from customer care on 31.01.2018 & 01.02.2018 wherein it was mentioned that the required documents have been sent to the branch and the complainant can collect the same after 4 working days and the complainant received another e-mail dated 09.02.2018 that the request of the complainant for supply of the documents has been completed. The complainant further alleged that the required documents were not supplied by OP and OP i.e. the bank is over charging the complainant with 191 installments and all theses allegations the complainant has alleged deficiency in service on the part of OP and has filed the complaint and amended complaint was filed with the prayers to direct OP to adjust over charged amount of Rs.8,98,172/- towards penal interest be adjusted in future installments, direct OP to reduce number of EMIs to 156 only and not to charge exorbitant or penal interest from the complainant and has also claimed Rs.10,00,000/- for causing harassment and mental agony and has also claimed Rs.1,00,000/- towards cost of litigation.
2. OP has been contesting the case and has filed the reply alongwith an application dated 01.11.2018 for dismissal/rejection of the complaint on the ground that this Forum has no pecuniary jurisdiction to try the present case as the value of the complaint exceeds Rs.20 lakhs.
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3. The complainant has not filed reply to the application.
4. This Forum has considered the submissions of the complainant as well as Counsel for OP. The complainant as per his own admission has already availed Loan facility of Rs.1,00,00,000/- (rupees one crore) from OP in October-2007 and has been paying monthly installments towards re-payment of the Loan amount and has not disputed that thesefacts.
5. In support of his submissions, Ld. Counsel for OP relied on a judgment of Hon’ble NCDRC in case entitled “Ambrish Kumar Shukla Vs. Ferrous Infrastructure Pvt. Ltd.” reported as [1 (2017) CPJ 1 (NC)] and the complainant has not disputed the submissions of Ld. Counsel for OP.
6. The complainant has been seeking and challenging the action of OP in charging floating rate of interest on the loan facility instead of fixed rate of interest. Thus, the value of the subject matter exceeds Rs.20 lakhs which is beyond the pecuniary limit of jurisdiction of this Forum as per Section 11 (1) of the Consumer Protection Act, 1986. Thus, this Forum has no pecuniary jurisdiction to try the present complaint.
7. Hon’ble National Commission vide order dated 26.04.2017 in case titled as Tushar Batra & ANR. Vs. Unitech Ltd. issued the following directions:
i) The complaint be returned to the complainant (s), alongwith an endorsement containing the date of presentation and return of the complaint, the name of the complainant (s)
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presenting the complaint and a brief statement of reasons for returning the complaint,
ii) The complaint shall be returned within one week from today alongwith the requisite endorsement and can be presented before Delhi State Consumer Disputes Redressal Commission within 2 weeks thereafter,
iii) The parties shall appear before the Delhi State Consumer Disputes Redressal Commission at 10:30 a.m. on 29.05.2017,
iv) The State Commission need not issue a fresh notice requiring the parties to appear before it on the aforesaid date.
8. In view of above observations and directions, as this Forum has no pecuniary jurisdiction to entertain and try the present case, the complaint is returned with appropriate endorsements on the complaint to the complainant with the direction to present the complaint before appropriate Commission within 2 weeks from the date of return of the complaint.
9. Let a copy of this order be sent to each party free of cost as per regulation 21 of The Consumer Protection Regulations-2005.
Announced on this 18th day of November, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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