Punjab

Ludhiana

CC/22/470

Talvinder Slingh - Complainant(s)

Versus

Kotak Mahindra Bank - Opp.Party(s)

Amit Sood

12 Dec 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 470 dated 09.12.2022.                                                        Date of decision: 12.12.2022.

 

Talvinder Singh aged about 57 years son of Sh. Darshan Singh, R/o. H. No.274-12, VPO Doraha, Near Flour Mill, The. Payal, Distt. Ludhiana.                                                                                                              ..…Complainant 

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1. Kotak Mahindra Bank Ltd., Samrala Branch, Ludhiana through its Manager.
2. Kotak Mahindra Bank Ltd., Zone-, Building No.21, Infinity Park, 4^th Floor, General AK Vaidya Marg, Malad-East Mumbai-400097 through its Authorized Official.

                                                                                      …..Opposite parties.

Complaint under Section 35 of the Consumer Protection Act.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH. JASWINDER SINGH, MEMBER

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. Amit Sood, Advocate.

 

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                The complainant has invoked the jurisdiction of this Commission by filing the present complaint alleging therein that in the month of March 2016, the complainant had applied for cash credit limit of Rs.7,00,000/- from the opposite parties but the opposite parties illegally and arbitrarily bifurcated the loan into two categories. Rs.5,30,000/- was sanctioned on account of CC limit and the remaining amount of Rs1,70,000/- was sanctioned qua Term Loan. According  to the complainant, the opposite parties started deducting Rs.9000/- after every six months from the said CC limit. In the year 2019, the officials of the opposite parties approached the complainant and told that the amount is repayable in ten equal monthly installments of Rs.17,000/- along with interest. It has also been alleged that the complainant has also approached the Reserve Bank of India for redressal of his grievance. Now the prayer has been made for directing the opposite parties to settle the above said term loan and pay compensation to the tune of Rs.1,00,000/- for financial as well as mental harassment.

2.                From the facts and circumstances of the case, the alleged cause of action appears to have arisen in March 2016 when the loan was advanced and bifurcated allegedly without consent of the complainant. As per Section 69 of the Consumer Protection Act, the Commission shall not admit the complaint unless it is filed within two years from the date on which the cause of action has arisen. Even no sufficient cause has been shown to this Commission for not filing the complaint beyond statutory period. As such, the complaint is hopelessly time barred and there is no ground to proceed with the complaint.

3.                As a result of above discussion, the complaint is summarily dismissed being barred by limitation. Copies of order be supplied to complainant free of costs as per rules. File be indexed and consigned to record room.

 

(Monika Bhagat)                    (Jaswinder Singh)             (Sanjeev Batra)                          Member                                      Member                            President         

 

Announced in Open Commission.

Dated:12.12.2022.

Gobind Ram.

Talwinder Singh Vs Kotak Mahindra                             CC/22/470 

Present:       Sh. Amit Sood, Advocate for complainant.

                  

                   Complaint presented. Office report perused. It be registered.

                   Heard Vide separate detailed order of today, the complaint is summarily dismissed being barred by limitation. Copies of order be supplied to complainant free of costs as per rules. File be indexed and consigned to record room.

 

(Monika Bhagat)                    (Jaswinder Singh)             (Sanjeev Batra)                          Member                                      Member                            President         

 

Announced in Open Commission.

Dated:12.12.2022.

Gobind Ram.