ORDER
Per Sh. RakeshKapoor, President
An application under order 7 rule 11 CPC read with section 13 (3) (b)
of the Consumer Protection has been filed by the OP praying that the
complaint be dismissed with exemplary costs. It is averred in the
application that the present complaint has been wrongly instituted in
this forum and is barred under the Surfaesi Act, 2002. It is also
averred that this forum has no jurisdiction to deal with the subject
matter of the complaint. Reference in this regard has been made o
sections 34 and 35 of the Surfaesi Act 2002. It has been averred that
the OP has already issued a notice dated 31.52012 under section (13)
(2) of the Surfaesi Act, 2002 . it is further averred that the OP had
issued another notice dated 12.11.2012 whereby it had intimated to the
complainant that it had decided to  take symbolic possession of the
mortgage  property. It has further averred that vide notice dated
17.11.2012 , the OP has taken symbolic possession of the mortgaged
property and had given information about this to the SHO of the
concerned police station.  It I also averred that intimation  has also
been given to the complainant vide notice dated 22.11.2012 that
symbolic possession of the mortgaged property has been taken. It has
been stated that since the op has already proceeded under the Surfaesi
Act 2002, the complainant cannot  invoke the jurisdiction of this
forum  and consequently the present complaint is liable to be
dismissed. It has prayed accordingly.

      The complainant has  has opposed this application and has filed
a reply. It has , however, admitted notices dated 31.5.2012 and
12.11.2012 but has denied that the complaint is barred and is liable
to be dismissed.
We have heard arguments advanced at the bar and have perused the record.
Secton 34 and 35 of Surfaesi Act, 2002 are reproduced as under:-


34.Civil Court not to have jurisdiction
no civil court shall have jurisdiction to entertain any suit or
proceeding in respect of any matter which a debts recovery tribunal or
the appellate tribunal is empowered by or under this act to determine
and no injunction shall be  granted by any court or other authority in
respect of any action taken or to be taken in pursuance of any power
conferred by or under this act or under the recovery of debts due to
banks and financial institutions act, 1993 ( 51 of 1993).
35. The provisions of this act to override other laws
 the provisions of this at shall have effect, notwithstanding anything
inconsistent therewith contained in any other law for the time being
in force or any instrument having effect by virtue of any such law.

A perusal of the aforesaid provision in the Surfaesi Act 2002 makes it
amply clear that  the jurisdiction of this forum is barred   in
respect of the matters which are  within the domain of Debt Recovery
Tribunal. In the present case, the OP bank has already proceeded under
the Surfaesi Act against the complainant and has taken the symbolic
possession of the mortgaged property.  The jurisdiction of this forum
to deal with the matter is , therefore, expressly  barred by this
forum. In view of this, we allow the application filed by the OP bank
and dismiss the complaint.
Copy of the order be made available to the parties as per rule.
    File be consigned to record room.
Announced in open sitting of the Forum on.....................