Delhi

New Delhi

CC/402/2017

Narender Singh & Anr - Complainant(s)

Versus

kotak Mahindra Bank & Anr - Opp.Party(s)

06 Feb 2018

ORDER

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI),

‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC/402/2017                                                                       Dated:

In the matter of:

1. Narender Singh

Son of Mr. Mohan Singh Kiroula

2. Savita Bisht

Wife of Narender Singh

 

Both resident of

B- 1429, GF, Green fields ,

Faridabad, Haryana.                                                             ……..COMPLAINANT

 

                                                              

VERSUS

1. Kotak Mahindra Bank Ltd.

14, Ambadeep , Kasturba Gandhi Marg,

Cannaught Place, New Delhi 110001

 

2. Kotak  Insurance Ltd.

14, Ambadeep , 7^th Floor, Kasturba Gandhi Marg,

Cannaught Place, New Delhi 110001

 

3. Kotak Mahindra Old Mutual Life Insurance Co  Ltd.

14, Ambadeep , 7^th Floor, Kasturba Gandhi Marg,

Cannaught Place, New Delhi 110001                  ……..Opposite Party

 

MEMBER : NIPUR CHANDNA

ORDER

Complaint is filed  by the complainant u/s 12 of the Consumer Protection Act, 1986, alleging the deficiency in services against OP. Arguments on admission of complaint heard on behalf of the complainant.  We have gone through the complaint as well as Annexure filed with it.

In Ambrish Kumar Shukla and Ors. Vs. Ferrous Infrastructure Pvt. Ltd., Case no. 97 of 2016, decided by Hon’ble NCDRC on 07/10/2016, Hon’ble NCDRC has held that in case where even part of deficiency is to be removed, the full value of the subject matter whether goods or services will be taken as the value of goods and services for deciding the pecuniary Jurisdiction. In the present complaint, the complainant has mentioned in Para 4 of his complaint that the cost of the subject matter of the complaint i.e. Home loan is Rs. 61,79,000 /-, as the aggregate value of the  alleged Home loan against which reliefs  claimed exceeds more than Rs. 20 Lakhs, this District Forum has no pecuniary jurisdiction to entertain the present complaint.

In the light of  Ambrish Kumar Shukla and Ors. Vs. Ferrous Infrastructure Pvt. Ltd., Case no. 97 of 2016, decided by Hon’ble NCDRC on 07/10/2016,  the complaint be returned to the complainant along with it Annexures. The complaint be returned to complainant with following particulars in the light of the discussion of Hon’ble NCDRC in the matter of Tushar Batra & Anr. Vs. M/S Unitech Limited decided on 26/04/2017, Case no.-299 of 2014 .

4. Presentation of complaint:-

Before this District Forum on 08.09.2017.

5. Date of return of complaint
6.  

• The name of complainant(s)
  1. Narender Singh

Son of Mr. Mohan Singh Kiroula

 

2. Savita Bisht

Wife of Narender Singh

 

Both resident of

B- 1429, GF, Green fields ,

Faridabad, Haryana.                      

 

. Brief statement of reasons for returning the complaint.

In Ambrish Kumar Shukla and Ors. Vs. Ferrous Infrastructure Pvt. Ltd., Case no. 97 of 2016, decided by Hon’ble NCDRC on 07/10/2016, Hon’ble NCDRC has held that in case where even part of deficiency is to be removed, the full value of the subject matter whether goods or services will be taken as the value of goods and services for deciding the pecuniary Jurisdiction. In the present complaint, the complainant has mentioned in Para 4 of his complaint that the cost of the subject matter of the complaint i.e. Home loan is Rs. 61,79,000 /-, as the aggregate value of the  alleged Home loan against which reliefs  claimed exceeds more than Rs. 20 Lakhs , this District Forum has no pecuniary jurisdiction to entertain the present complaint.

In the light ofAmbrish Kumar Shukla and Ors. Vs. Ferrous Infrastructure Pvt. Ltd., Case no. 97 of 2016, decided by Hon’ble NCDRC on 07/10/2016,the complaint be returned to the complainant along with it Annexures by retaining a copy of the same for records and with liberty to the complainant to file Complaint before competent Forum as per the Law.

 

Announced on open Forum on06.02.2018

 

          (ARUN KUMAR ARYA)

                                  PRESIDENT

        (NIPUR CHANDNA)                                                               (H M VYAS)

                                MEMBER                                                                           MEMBER