Delhi

New Delhi

CC/1211/2012

Dr. Ravi Kant Aggarwal - Complainant(s)

Versus

M/S. Standard Chartered Bank - Opp.Party(s)

22 Oct 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. 1211/2012                                            Dated:

In the matter of:

 

Dr. Ravi Kant Agarwal

1183, Sec-A, Pocket A,

Vasant Kunj,

New Delhi-110070

…Complainant

 

Versus

 

Standard Chartered Bank

Through it’s General Manager

Parliament Street,

Connaught Place,

New Delhi-110001

… Opposite Party

 

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 against property of Rs.  95 Lacs from the OP Bank in April, 2010 vide home saver account no. 52205922100. Against the loan in question the bank had debited a sum of Rs. 90,000/- from the complainant’s home saver account, the complainant requested OP to reaccredit the aforesaid amount but the OP failed to do so. Thereafter, OP started charging 16% rate of interest on the loan amount whereas at the time of signing the agreement, it was agreed to be paid at 11.25% only. On 31/03/2012 the OP bank again debited a sum of Rs. 88,934/- from the complainant’s account, which shows the dishonest intention as well as unfair trade practice on behalf of OP. Being aggrieved by the irregularities committed by the OP, complainant approach this Forum for redressal of his grievance.

Complainant has been contested by the OP.

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

During the course of arguments, it is revealed that the subject matter of dispute i.e. the loan amount against which the increase rate of interest was charged by the OP is Rs. 95 Lacs, 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.

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 :-    18/12/2012.

 

• Date of return of complaint :-                22/10/2019

 

• Name of complainant :-                          Dr. Ravi Kant Agarwal

Copy of the order be given Dasti to the parties.

 

Announced  in open Forum on  22/10/2019.

File be consigned to record room.

 

 

(ARUN KUMAR ARYA)

                                  PRESIDENT

          (NIPUR CHANDNA)                                                               (H M VYAS)

                                MEMBER                                                                          MEMBER