Today is fixed for admission hearing of this Complaint.

The Ld. Counsel for the complainant is present who has advanced argument on the point of admissibility of this complaint.

We have heard at length and also perused the petition of complaint along with the relevant documents.

It is seen by us that at the time of filing this complaint the complainant has filed a separate Miscellaneous Application praying for condonation of delay of 222 days in preferring this complaint.

We have noticed that the complainant obtained house building loan from the Op No. 1 and 2 to the tune of Rs. 1,50,000/- along with agreed interest. It was settled by and between the parties that the entire loan amount along with agreed interest shall be paid by the complainant through EMI. As the complainant had failed to pay some due EMIs, two authorized officers of  the Ops have remitted a notice under the SARFAESI ACT on 12.12.2018. As per settled Law after initiation of any notice on the said Act, Consumer Complaint cannot lie. On this aspect we are not in a position to admit this complaint as the notice was issued under the SARFAESI Act, before initiation of this Complaint.

Going by the foregoing discussion hence it is ordered that the Consumer Complaint no. CC/251/2021 is hereby dismissed without being admitted. There is no order as to cost.

However the complainant is at liberty to approach before the appropriate Court for redressal of her grievance. If not barred otherwise.

As the Complaint is not admitted, no occasion arose to take the MA being no. 251/2021 for hearing. Accordingly the MA 251/2021 is also dismissed without any cost.

The complainant is also at liberty to get return the copy of the complaint and the documents from the appropriate authority of this Commission as the complaint is not admitted. In this respect the complainant is further directed to submit a separate application praying for return of the abovementioned documents. The appropriate authority of this Commission is hereby directed to take necessary step upon receipt of the application from the complainant so that the complainant can get return of the aforementioned without any further delay.

Let plain copy be given to the parties free of cost as per CPR.

 Dictated and corrected by

[HON'BLE MRS. Silpi Majumder]
                MEMBER