Chandigarh

DF-I

CC/881/2021

Mrs. Reena Sharma - Complainant(s)

Versus

State Bank of India - Opp.Party(s)

Rakesh Paul Kaushik

06 Jan 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I

U.T. CHANDIGARH

 

 

Consumer Complaint No.	:	881/2021
Date of Institution	:	13.12.2021
Date of Decision	:	06.01.2022

 

                                       

                       

 

 

1.     Mrs.Reena Sharma w/o Sh.Adesh Kumar, Village & Post Office Gagor District Shamli (Uttar Pradesh)-247778.

 

2.     Adesh Kumar s/o Late Sh.Shivkumar Sharma, Village & Post Office Gagor District Shamli (Uttar Pradesh)-247778.

                                ...  Complainant.

Versus

 

1.     State Bank of India, 8^th Floor, State Bank Bhawan, Madame Cama Road, Nariman Point, Mumbai-400021 through its Chairman.

 

2.     State Bank of India, RACPC Branch, SCO 199-203, Sector 8-C, Madhya Marg, Chandigarh -160018 through its Branch Manager.

 

3.     Gupta Builders and Promoters Pvt. Ltd., SCO No.196-197, Ground Floor, Sector 34-A, Chandigarh 160022 through its Director Sh.Satish Gupta.

 

4.     National Housing Bank, India Habitat Centre, National Housing Bank Core 5-A, Lodhi Rd, New Delhi-110003 through its Chairman.

 

5.     Housing Development Finance Corporation Ltd., Ramon House, H T Parekh Marg, 169, Backbay Reclamation Churchgate, Mumbai-400020 through its Chairman/Managing Director.

 

6.     Housing Development Finance Corporation Ltd., SCo 153-154-155, Sector 8-C, Madhya Marg, Chandigarh-160018 through its Branch Manager.

 

…. Opposite Parties.

 

BEFORE:
		SHRI RAJAN DEWAN,	PRESIDENT
		SMT.SURJEET KAUR,	MEMBER
		SHRI SURESH KUMAR SARDANA	MEMBER
Argued by:-
	Sh.D.P.Kaushik, Counsel for the complainants.

 

 

PER RAJAN DEWAN, PRESIDENT

1.         This complaint under Section 35 of the Consumer Protection Act, 2019 has been filed by the complainants against a housing finance company and a builder for permanently restraining the lending bank from recovering any amount of money on account of the fraudulent loan and compensation from them of Rs.44.90 lakhs on account of unfair trade practices and fraudulent & prohibited products casing pecuniary loss to the complainants and scores of other buyers. 
2.         We have heard the Counsel for the complainant at the preliminary stage and have gone through the file and documents annexed with the complaint.
3.         A perusal of the complaint shows that the complainant has levelled allegations of fraud in the complaint against the OPs No.1 and 2 and OP No.3 and trial of which would require the leading of voluminous evidence and consideration thereof cannot   be entertained by the Consumer Fora. 
4.       In Bright Transport Company Vs. Sangli Sahakari Bank Ltd., II (2012) CPJ 151 (NC), it was held by the National Commission that the complaints which are based on the allegations of fraud, forgery, etc. and trial of which would require the leading of voluminous evidence and consideration thereof cannot   be entertained by the Consumer Fora. In Oriental Insurance Company Ltd. Vs Munimahesh Patel 2006 (2) CPC 668 (SC), decided by the Hon’ble Apex Court; Reliance Industries Ltd. Vs United India Insurance Co. Ltd.I (1998) CPJ 13, a case decided by a four Member Bench of the National Consumer Disputes Redressal Commission, New Delhi and  M/s Singhal Swaroop Ispat Ltd. Vs United Commercial Bank III (1992) CPJ 50, a case decided by a three member Bench of  the National Consumer Disputes Redressal Commission, New Delhi, it was held  that when there are allegations of forgery, fraud and cheating, adjudication whereof, requires elaborate evidence, the  same cannot be decided, by a Consumer Fora, proceedings before which, are summary in nature.
5.         For the reasons stated above, the complaint is dismissed at the preliminary hearing, with no order as to costs.
6.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced 06/01/2022
	Sd/- (RAJAN DEWAN) PRESIDENT
	Sd/-
	(SURJEET KAUR) MEMBER
	Sd/-
	(SURESH KUMAR SARDANA) MEMBER