17.11.2020

ORDER REGARDINING ADMISSION

        Heard the counsel for the complainant regarding maintainability of the complaint.  On perusing the contents of the complaint it becomes clear that the complainant has alleged fraud and forgery on the loan documents and contended that he has not affixed signature to the said loan agreement.  Further he has also sought compensation of Rupees ten crore from OPs  and further refund of the interest paid at 11.5% in respect of the EMIs treating the loan availed by the complainant as business loan, whereas it is his personal loan.

As per the provisions of the Consumer Protection Act the proceedings before this Commission is totally a summary procedure.  Any allegation of fraud, misrepresentation, cheating cannot be gone in for trial before this Commission as the same has to be decided by a competent civil/criminal court.

Further in view of the enhancement of the pecuniary jurisdiction of this Commission as per the recent amendment to the Consumer Protection Act 2019, the pecuniary jurisdiction of this Commission is only one crore and below.  Complainant has sought compensation of ten crores and further the interest to be treated on par with the personal loan and not as business loan. He has also sought interest at 24% p.a., on the compensation claimed above. 

When this is taken into consideration, this Commission has no jurisdiction to decide this complaint, hence the complaint is ordered to be returned to the complainant to present the same before the Commission having pecuniary jurisdiction. 

PRESIDENT