Delhi

New Delhi

CC/309/2017

Abdul Rauf - Complainant(s)

Versus

M/s Kotak Mahindra Bank Ltd - Opp.Party(s)

25 Sep 2018

ORDER

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTRICT NEW DELHI,  M-BLOCK, 1^ST FLOOR,

VIKAS BHAWAN, I.P. ESTATE. NEW DELHI-1100001.

 

C.C.No.309/2017                                                Dated

 

In the matter of:

Mr. Abdul Rauf,

S/o Late Mr. Abdul Qaiyum,

Permanently Resident of

Norton Hotel  Mall Road, Ranikhet,

Presidently Resident of

Dar Mahal Near,

Masjid Thekedarwali Asalat Pura,

Moradabad, UP.

 

Available at

254/C, Railway Colony,

Roza, Shahjahanpur, UP.

Vs.

 

M/s Kotak Mahindra Bank Ltd.,

UGF.1-11, Upper Ground Floor,

Amba Deep, 14, K.G. Marg,

New Delhi-110001.

 

 

ARUN KUMAR ARYA, PRESIDENT

 

O R D E R

 

 

The present complaint has been filed against the OP U/S 12 along with an application U/S 24-A(2) of CP Act 1986.  In brief the facts of the complaint is that the complainant took a loan from the OP in respect of Eicher Mini Truck bearing No.UP-01/5994 to the  extent of  Rs.3,00,000/- on 28.9.2000 at Haldwani, Uttrakhand.  The loan amount was finally cleared by the complainant but OP did not issue the NOC/No Dues Certificate and raised illegal demand of Rs.58,000/- to Rs.68,000/- vide letter dated 16.9.2003 to the complainant.  OP also issued a legal notice on 16.8.2004 in this respect.  A Civil Suit No.75 of 2004 was filed by the complainant against the OP in the court of Additional Civil Judge, Shahjahanpur, and sought injunction restraining the OP from picking up the Truck bearing No.UP-01/5994, which was dismissed on 30-7.2011 on the ground that the Shahjahanpur Court had no jurisdiction to entertain the complaint as the cause of action accrued at Haldwani, Uttrakhand.

 

2.     An Appeal was preferred against the order of Addl. Civil Judge by the complainant but vide order dated 24.9.2015 the appeal was also dismissed by the Addl. District Judge clearly stating that Headquarter  of M/s Kotak Mahindra Bank Ltd. i.e OP is situated at Delhi and the OP has its branch office at Haldwani, therefore, the courts at Delhi or at Haldwani had the jurisdiction to entertain the complaint.

 

3.     It is submitted by the complainant that the cause of action accrued on 31.8.2003 and continued upto 24.9.2015 when the appeal was dismissed. Thereafter three   legal notices dated 15.6.2016,  dated 2.2.2017 and  dated 8.3.2017 were issued by the complainant to the OP.

 

4.     Consequently, the complaint was filed in this Forum on 15.7.2017 stating that it was within the period of limitation.  It is submitted that delay of 11 years is neither intentional nor deliberate on part of complainant, therefore, it shall be in the interest of justice, if the technical delay of 11 years is condoned and  complaint be proceeded and disposed of on merits.

 

5.     Heard the submission of Counsel, M.Mohsin Israily, who has argued that delay is only technical in nature and not deliberate as the matter was filed before the Civil Court and later appeal was filed which was dismissed. On perusal of file it is clear in order dated 24.9.2015 of the appellate court that the Branch Office from where the loan was taken is situated in  Haldwani not Delhi. The Consumer Forum deals with the complaint in a summary way. Complainant has already filed a suit against the OP in the Civil Court and decree was passed against him which was upheld in the appeal.  Decree is the determination of the rights of the parties finally only after they adduced their evidence, so, there is nothing left with this Forum to decide anything fresh in Summary Procedure.

 

6.     First of all, complainant has failed to show the sufficient cause, so that, his application could be allowed.  Complainant has already filed the suit for prosecution in the Civil Court. The complainant has stated in the complaint that loan availed from Haldwani, Uttrakhand of OP office.  In fact the cause of action has started on 31.8.2003. 

 

7.     In view of the above discussion and circumstance cited above,  we are of the considered view  that for all the practical purposes, the cause of action for filing the present complaint, if any, arose on 31.08.2003, whereas the present complaint was filed on 15.7.2017, the complaint is barred by limitation, therefore, we find no merits in the present application, same is hereby dismissed along with complaint.

 

 This final order be sent to server (www.confonet.nic.in ). A copy each of this order each be sent to both parties free of cost by post.  File be consigned to Record Room.

 

Announced in open Forum on  _25/09/2018.

 

(ARUN KUMAR ARYA)

PRESIDENT

                                 (NIPUR CHANDNA )                                                (  H.M. VYAS )

                                        MEMBER                                                                 MEMBER