ORDERS ON MAINTAINABILITY OF COMPLAINT ON ADMISSION

1. On perusal of the complaint allegations as per complaint assertions, it is clear that none of the complaint allegations made by the complainant does not attract consumer complaint as per provisions of the C.P.Act,2019.

2. The complainant in person appeared before this commission and submitted that she has availed home loan from the OP bank, when she became defaulter, the OP bank approached the Debt Recovery Tribunal against the complainant and suit is filed before the authority against the alleged loan transaction. It is also orally admitted by the complainant as against the order of the DRT the complainant has admitted that she has approached Hon’ble High Court of Karnataka by way of Writ Petition and it is also admitted and said writ petition is pending before the Hon’ble High Court of Karnataka. All these facts are orally submitted by the complainant upon clarification sought by the commission. While the complainant is arguing the matter before the commission at the admission of the complaint, when the subject matter of the home loan of complainant as it is related issue and when the dispute is pending before the DRT as well as Hon’ble High Court of Karnataka, the institution of the present complaint on the same cause of action pertaining to the said loan transaction is not maintainable before the Commission.

3. From the pleadings, it is observed that the complainant has pleaded a dispute on home loan and it is related issue, when the said dispute is already pending before the DRT and Hon’ble High court of Karnataka as amounts to sub-judice  of said proceedings, it is to be considered as dispute is pending on these grounds. The question of maintainability of present complaint arises for consideration.

4. Due to the pendency of the above said suit before the DRT and Hon’ble High Court of Karnataka as submitted by the complainant in person when she appeared before the commission and argued on the admission of maintainability of the present complaint the point of same issue arises and it is also held that the dispute/complaint between the parties maintained by the complaint is not within the jurisdictional power of the commission. The commission neither got the jurisdiction to entertain the complaint nor has statute permitted the commission to entertain the present complaint for the adjudication of the same issue under the provisions of C.P.Act, 2019.

5. In view of the above discussions, the complaint filed by the complainant is liable to be rejected at the time of admission as not maintainable before this Commission for the reasons stated above and hence the complaint is liable to be rejected as not maintainable.

                           ORDER

Complaint is rejected as not maintainable before the commission.

(RAMACHANDRA M.S.)

PRESIDENT

(NANDINI H KUMBHAR)             (CHANDRASHEKAR S.NOOLA)       

         MEMBER                                        MEMBER