09.08.2023:-

By Hon’ble President, Mr. Justice Huluwade Ramesh:

The Appellant/opposite party has filed this Appeal challenging the order of District Commission passed in CC No.198/2019, dated: 23.02.2022.  Today the Counsel for Appellant present and submitted Memo with two citations passed by the Hon’ble NCDRC (i) Consumer Case No.74/2012, dated: 01.02.2013 (ii) Revision Petition No.721/2013, dated: 01.04.2013 and addressed that, as per the above decisions of Hon’ble NCDRC when SARFAESI Act was initiated there is no need to interfere by the Consumer Commissions and here in the instant case the SARFAESI Act was initiated  as such prayed to set aside the District Commission impugned order dated: 23.02.2022 and  dispose-off the Appeal.

Perused the Appeal papers, impugned order and the Memo along with citations submitted by the learned counsel for Appellant. 

In view of the  ratios laid down in the decisions cited supra, since proceedings are initiated under SARFAESI Act,   impugned order of District Commission stands set aside and the Appeal is disposed-off accordingly.

LADY MEMBER  JUDICIAL MEMBER    PRESIDENT

KNMP*