Haryana

Yamunanagar

CC/156/2019

Kanwaljeet Mehta S/o Ram Pyara - Complainant(s)

Versus

ICICI Bank - Opp.Party(s)

Ajay Sood

10 May 2023

ORDER

CC No.156 of 2019

Kanwaljeet Mehta vs. ICICI Bank

 

Present:          Sh. Ajay Sood, Adv. for the complainant.

                       Sh. KK Gupta, Adv. for the respondent.

 

ORDER:-

1.          This case is taken up on today for final arguments. However, counsel for the respondent submitted, on the same subject matter, the complainant and another person, have filed Civil Writ Petition No.1145 of 2021 titled Kanwaljeet Mehta and another Vs. ICICI Bank and another, before the Hon’ble High Court of Punjab & Haryana at Chandigarh.
2.           Counsel for the complainant, has not disputed this fact. Counsel for the respondent, also placed on record, copy of Civil Writ Petition No.1145 of 2021. By comparative study of the pleadings, made in the Civil Writ Petition, pending before the Hon’ble High Court and made in the complaint, pending before this Commission, are the issues involved is directly and substantially, is one and the same, between the same parties. No doubt, this complaint has been instituted before this Commission, prior to filing of Civil Writ Petition which is pending before the Hon’ble High Court and there is no specific provision under the Consumer Protection Act, 2019, like Section 10 of CPC, to stay the proceeding. By taking guidance, from Section 10 of CPC, even, if, Writ Petition is pending before the Hon’ble High Court, this Commission can proceed, further, with this complaint being instituted prior in time. More even, complaint cannot be equated with the civil suit, but, further proceedings, in this case, will not be in judicial propriety and it will violation of judicial protocol, because, in case, this Commission passes any order and, further, Hon’ble High Court also passes the order, then, quite obvious, taking into account of judicial protocol, Hon’ble High Court’s order will be having more weight than to this Commission.
3.         So, under these circumstances, it is not in propriety, to proceed ahead with this complaint. The proceedings in this case, are hereby, ordered to be closed.
4.         However, after the decision of the writ petition, mentioned, here-in-before, the complainant may file an application for revival of this complaint, if advised, so.
5.          File be consigned to the records.

 

 

Dated: 10.05.2023.

                                                                           (Gulab Singh)

                                                                          District & Sessions Judge (VRS)

(Geeta Parkash)     (Jasvinder Singh)                   President,

Lady Member.      (Member).                              DCDRC, YNR.              
 

 

Typed by:  Aarti.