IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Tuesday, the 17th day of April, 2012
Filed on 12/03/2012
Present
1. Sri. Jimmy Korah (President)
2. Sri. K.Anirudhan (Member)
3. Smt. N. Shajitha Beevi (Member)
in
CC/No. 76/2012
between
Complainants:- Opposite parties:-
1. Sri. Aneesh.G., Kanickal House 1. State Bank of Travancore
Vishavarsserikara, Mannar P.O. Chennithala Branch
Alappuzha Represented by Manager
(By Adv. C. Parameswaran)
2. Smt.Leelamma, Kanickal House
-do- -do- 2. The Deputy Tahsildar (RR)
(By Adv. Jeenu Abraham) Chengannur Taluk Office
Alappuzha
3. The Village Officer
Kurittisserry, Chengannur
O R D E R
SRI. K. ANIRUDHAN (MEMBER)
Sri. Aneesh.G. and Smt.Leelamma have filed this complaint before the Forum alleging deficiency in service on the side of the opposite parties. The allegations are as follows:- They had availed a loan of Rs.7 lakhs from the 1st opposite party under Housing Loan Scheme. In order to avail the loan, they had deposited title deeds of the property having an extent of 02.10 Ares comprised in RS No.264/11 of Kurittisserry Village in Chengannur Taluk. Due to the treatment and Hospital expenses, they could not remit some installments. They contacted the first opposite party for settlement of A/c. But the first opposite party intimated them that they are going to proceed RR steps against them. Aggrieved by this they have filed this complaint for an order, restrained the opposite parties from taking RR steps. Accordingly, the Forum issued an interim order against the opposite parties vide IA No.52/12 on 13.3.2010.
First opposite party entered appearance and filed a petition, stating the complaint is not maintainable, since the entire matter is now under the proceedings as per the securitation and reconstruction of financial assets and enforcement of security Act 2002, and further stated that the interim order already issued is to be vacated in the interest of justice. The first opposite party have also produced one document - letter issued by them to the complainant vide No. AGM IV/E/GEN/83 dt. 25.02.2012 in connection with the said Act for the Recovery of loan amount from the complainants.
Along with the complaint, the complainants have not produced any documents to show that the opposite parties 2 and 3 have proceeded against them by RR for the recovery of the dues payable to the first opposite party.
We have heard the maintainability petition filed by the first opposite party in detail, and perused the document given in evidence by the 1st opposite party. On perusal of the complaint, affidavit and petition and said document, we have confirmed that the matter is now in the Surface Proceedings, against the complainants for the recovery of the arrear amount payable to the first opposite party. Since the matter is related to the securitation and reconstruct of financial assets and enforcement of security interest Act, 2002 initiated by the first opposite party against the complainants, we are of the strong view that the Forum is not competent to undertaken with this complaint, as per Section 34 of the said Act and there is no need to proceed further. So for the ends of justice, the complaint is to be disallowed. The interim order already issued vide IA No.52/12 is stands vacated. No orders as to costs.
Complaint disallowed.
Pronounced in open Forum on this the 17th day of April, 2012.
Sd/- Sri. K. Anirudhan:
Sd/- Sri. Jimmy Korah:
Sd/- Smt.N.Shajitha Beevi:
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/- Compared by:-
