Case called repeatedly since morning but none has put in appearance on behalf of complainant. It is 11.30 A.M.  Let,  the case be taken up at 12.50 P.M.                         

Member                                  President

                                                                                                                        22.07.2015

Present:          None for complainant.

                        Ms. Anjana Goel, Avd. for Ops.                       

                        Case again taken up at 12.50 P.M. Case called but the complainant has not turned up.  In the interest of justice, the case be again taken up at 2.00 P.M.                 

 Member                                 President

                                                                                                                        22.07.2015                       

Present:          None for complainant.

                        Ms. Anjana Goel, Avd. for Ops.

                        Case taken up at 2.00 P.M. But neither complainant nor any representative of the complainant appeared despite various calls.  Perusal of file reveals that today the case is fixed for tendering evidence, if any, by both the parties but complainant did not appear  to tender the same whereas on the other hand, the counsel for the OP urged that the complainant had taken housing loan of Rs.90,000/- on 27.09.2002 from the OP-bank and mortgaged his property  bearing House No.1105/11, Milap Nagar, Ambala City but he failed to repay the loaned amount alongwith interest and an amount of Rs.1,22,115.15NP is still outstanding against the  complainant as on 05.07.2014 and thus the OP-bank has initiated proceedings against the complainant under the provisions of  Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 but the said fact has been concealed by the complaint in his complaint. In this way, OP counsel has requested for dismissal of complaint being not maintainable.

                        Heard.  In view of the aforesaid arguments put forth by the Op’s counsel, we are of the view  that the present complaint is not maintainable before this Forum  since  the OP Bank have already initiated proceedings  under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 prior to filing of present complaint as submitted by OP counsel. As such, the present complaint is dismissed being not maintainable before this Forum.  Copies of this order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced: 22.07.2015