CONSUMER DISPUTES REDRESSAL FORUM
PALAKKAD, KERALA
Dated this the 11th day of April, 2013.
Present: Smt. Seena. H, President
: Smt. Preetha. G. Nair, Member
: Smt. Bhanumathi. A.K, Member Date of filing: 08/04/2013
CC .No/71/2013
1. M. Krishnamoorthy, - Complainants
S/o. Maruthamuthu, Uthuvakkad,
Pallathery, Palakkad – 678 007.
(By Adv. Rajesh.M)
2. Kanchana.V,
W/o. M. Krishnamoorthy,
Uthuvakkad, Pallathery,
Palakkad – 678 007.
Vs
State Bank of Mysore, - Opposite party
Sultanpet Branch, H.P.O. Road,
Palakkad. ( Rep. by Branch Manager)
O R D E R
BY SMT. SEENA. H, PRESIDENT
Complaint in brief:-
Complainant availed loan of Rs. 15 lakhs from opposite party on 29/10/2007. Opposite party released only Rs. 14,00,000/- at different stages. For that opposite party charged higher interest also. Towards the loan amount opposite party repaid Rs. 6 lakhs. Complainant is not aware of tenure of loan repayment. Due to financial constraints complainant could not repay the balance instalment. Later complainant approached opposite party for payment of the loan amount. But opposite party was not willing to reduce the interest or furnish account statement. Now opposite party is trying to take possession of the property of the complainant valuing Rs. 45 lakhs. Complainant has received notice stating that the possession will be taken on 10/04/2013. Complainant alleging deficiency in service on the part of opposite party. Interim application is also filed along with the complaint for an order restraining opposite party from taking possession of the property of the complainant pending disposal of the complaint.
Matter was posted for hearing on admission. Heard complainant. Perused documents filed by complainant.
It is seen from the documents submitted by the complainant that Hon’ble chief Judicial Magistrate, Palakkad has order to take possession of the properties in CMP No. 1081/2012 dt. 26/04/2012 and the Advocate Commissioner has given notice to the complainants regarding taking possession and effecting delivery scheduled on 10/04/2013.
Since a competent court has ordered for taking possession of the property and proceedings are pending before the same, we are not in a position to entertain the complaint.
Hence without going in to the merits of the case, we dismiss the complaint.
Pronounced in the open court on this the 11th day of April, 2013.
Sd/-
Smt. Seena. H
President
Sd/-
Smt. Preetha.G.Nair
Member
Sd/-
Smt. Bhanumathi.A.K
Member
