Haryana

Kurukshetra

CC/222/2021

Gian Chand S/o vShri Om Parkash - Complainant(s)

Versus

ICICI BAnk - Opp.Party(s)

Raj Singh

12 Apr 2022

ORDER

CC No.222 of 2021.

Gian Chand Versus ICICI Bank.

 

Present:       Shri Raj Singh, Adv. for the complainant.

                   Shri Rohit Jindal, Adv. for the OPs.

 

                   This order shall dispose of two applications dated 14.3.2022, filed by the complainant for staying the attachment and auction proceedings/notice of symbolic possession by the OPs and second application dated 22.03.2022 filed by the OPs for dismissal of the complaint being barred under the SARFAESI Act.

2.                The OPs filed an application dated 22.03.2022, alleging therein that this Commission has no jurisdiction to entertain and hear the present complaint, as the complainant had not made the payment of the outstanding amount and thus, bank has started the proceedings u/s 13 (2) of the SARFAESI Act and notice dated 03.03.2021 has also been issued in this regard, for taking possession of the property mortgaged with the respondent bank and symbolic possession has also been taken by the bank on 09.03.2022 and prayed for dismissal the present complaint being not maintainable.

3.                Reply to the said application not filed by the complainant being given the opportunity to file the same.

4.                Heard.

5.                 The Loan Account Statement is the own document of complainant and this shows, complainant had taken loan against property from the OP bank and mortgaged the property bearing ID No.P029060310. Ward No.6, Khewat No.425, Khato, Its 44 1881 share 4, Marla 8, Sarsai, Kurukshetra-136118 with the OP bank. Complainant also admitted in his complaint that he failed to pay the said loan and the OP bank are going to attach and auction his mortgaged property. Since the respondent had already initiated the proceeding under the SARFAESI Act to recover the outstanding loan amount and when there is a hypothecation of goods, or immovable property is mortgaged with the banker and some dispute arises in terms of the loan agreement, then consumer complaint is not maintainable before the Consumer Fora. The view of this Commission is fully supported by the law laid down by the Hon’ble Supreme Court of India in Civil Appeal No.4964 of 2021 with Civil Appeal No.4965 of 2021 and 4966 of 2021 titled Estate Officer and Anr. Vs. Charanjit Kaur. On this score, complaint is not maintainable before this Commission.

6.                In this way, once initiation of proceeding under the provisions of the SARFAESI Act, by the OP bank, against the complainant, is not disputed, therefore, this Commission has no jurisdiction to entertain the present complaint. Since this Commission does not have jurisdiction to entertain the present complaint, therefore, first application dated 14.03.2022, filed by the complainant, for staying the attachment and auction proceedings/notice of symbolic possession by the OPs, has become infructuous, in view of above findings and same is hereby dismissed.

7.                Hence, the application dated 22.03.2022, filed by the OP bank is accepted and resultant, without making any comment on the merit of the issue involved, the complaint is rejected, being not maintainable before this Commission.

8.                File be consigned to the records.

Dated: 12.04.2022.

    

                                                                                        (Neelam Kashyap)               

(Neelam)                    (Issam Singh Sagwal)                   President,

Member.                    (Member).                                     DCDRC, Kurukshetra.           
 

 

 

 

 

Typed by: Sham Kalra, Stenographer.