Delhi

New Delhi

CC/775/2010

Sachin Mutreja - Complainant(s)

Versus

M/S. ING Vysya Bank Ltd. - Opp.Party(s)

28 Nov 2019

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC. 775/2010                               Dated:

In the matter of:

 

Sachin Mutreja S/o Sh. S.K. Mutreja,

Purbi(Kapoor) Mutreja W/o Sh. Sameer Mutreja,

 

Both R/o A-104, Westend Heights, DLF Ph.V,

Gurgaon -122001.

…Complainant

 

Versus

 

1.     ING Vysya Bank Ltd.,

Through its Chairman/M.D.,

ING Vysya House,

22, M.G. Road,

            Banglore-560001.

 

2. ING Vysya Bank Pvt. Ltd.,

Consumer Finance Division,

Through its Manager incharge,

             2^nd Floor,871 East Park Road

Karol Bagh, Delhi-110005.

… Opposite Parties

 

ARUN KUMAR ARYA, PRESIDENT

O R D E R

 

The complainant has filed the present complaint against the OP alleging the deficiency in services. It is alleged that the complainant has availed a loan for purchasing a flat of Rs.61,10,700/-  from the ICIC Bank in January, 2006 vide Loan Account no. LBNOD00001253413, the rate of interest being charged by the ICIC bank ws 11.45%. .  In February, the agent of OPs Bank allured the complainant s to shift their account to the OPs bank from the ICICI bank and assured that the rate of interest of the OPs bank was lessor @ 12.50%.  Thereafter, the complainants had always been paying the amount of due installments in time to the OPs bank.  In the month of March, 2010, the complainants approached the OPs bank  with the request to permit Standard Chartered bank to take over the said loan as rate of interest of that bank was lower than the rate of  OPs bank.  OPs orally informed that in case such a transfer/taking over they would charge foreclosure charges @ 2% + service charges.  Thereafter OPs bank allowed the takeover of the said account loan amount by the S.C. bank but charged a sum of Rs.1,22,677.42 as foreclosure charged.  The said act and conduct of the OPs have indulged in unfair trade practice and deficiency in services. Complainant, therefore, approached this Forum for redressal of his grievance.

2.     Complainant has been contested by the OP.

3.     Both the parties have filed their respective evidence and written arguments. We have heard the arguments advanced at the bar.

4.     During the course of arguments, it is revealed that the subject matter of dispute i.e. the loan amount against which the foreclosure charge was charged  by the OPs is Rs. Rs.61,10,700/-, which exceeds the pecuniary jurisdiction of this Forum i.e. Rs. 20 lacs, as such, this Forum does not have Pecuniary Jurisdiction to entertain this 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 reported as Manu/CF/0499/16.

5.     In view of the above, we are of the considered opinion that this Forum does not have the Pecuniary Jurisdiction to entertain the present complaint. Accordingly, the complaint be returned to the complainant along with annexures/ documents by retaining a copy of the same for records with liberty to file the same before the competent Forum as per the Law. The particulars in the light of the judgement 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 are as follows.

•  Date of presentation of complaint :-    07/06/2010.

 

• Date of return of complaint :-                 28/11/2019        

 

• Name of complainant :-     Sachin   Mutreja S/o Sh. S.K.  

Mutreja, Purbi(Kapoor)    W/o Sh. Sameer    Mutreja,

                

 

 Copy of the order be given Dasti to the parties. File be consigned to record room.

 

Announced  in open Forum on   28/11/2019.

 

 

 

(ARUN KUMAR ARYA)

                                                  PRESIDENT

                        (NIPUR CHANDNA)                                            (H M VYAS)

                                             MEMBER                                                   MEMBER