Delhi

New Delhi

CC/132/2019

DR. ASHWANI GUPTA - Complainant(s)

Versus

M/S. KOTAK MAHINDRA BANK LTD. & ORS - Opp.Party(s)

07 Aug 2019

ORDER

 

Dated-07/08/2019                                           C.C.No. 132/19

Dr. Ashwani Gupta

             Vs.

Kotak Mahindra Bank Ltd. Ors.

Present:-

Sh. Sahil Gupta, counsel for complainant.

Complaint is filed by the complainant u/s 12 of the Consumer Protection Act, 1986, alleging the deficiency in services against OP. Arguments on admission of complaint heard on behalf of the complainant.  We have gone through the complaint as well as Annexure filed with it.

In Ambrish Kumar Shukla and Ors. Vs. Ferrous Infrastructure Pvt. Ltd., Case no. 97 of 2016, decided by Hon’ble NCDRC on 07/10/2016, Hon’ble NCDRC has held that in case where even part of deficiency is to be removed, the full value of the subject matter whether goods or services will be taken as the value of goods and services for deciding the pecuniary Jurisdiction. In the present complaint, the the complainant has borrowed a loan of is Rs.45,00,000/- which is the subject matter of dispute in question against which reliefs are claimed, this District Forum has no pecuniary jurisdiction to entertain the present 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,  the complaint be returned to the complainant along with it Annexures by retaining a copy of the same for records and with liberty to the complainant to file Complaint before competent Forum as per the Law. 

 

Announced on open Forum on 07/08/2019.

 

 

(ARUN KUMAR ARYA)

     PRESIDENT

 

(NIPUR CHANDNA)                                                 (H M VYAS)

         MEMBER                                                             MEMBER