ORDER

R.Vijayakumar, Member.

(2)

This is a complaint filed by the complainant for re-scheduling of re-payment scheme and for compensation along with cost.

The complainant had availed a cash credit facility for  Rs.2,00,000/- from the first opposite party for running his hotel business. The complainant had to repay the amount by 36 monthly installments of Rs.7000/- commencing from 28.12.06. The business became non – profitable and hence the complainant closed down the business. The complainant had convinced the situation to the first opposite party. But the first opposite party demanded total repayment of the balance amount and had taken hasty steps for recovery of balance amount. The complainant convinced the second opposite party also about the situation. But acting upon the hasty recommendation of first opposite party, the second opposite party served a notice to the complaint. Hence the second opposite party joints with first opposite party in providing deficient in service and there by become liable to compensate for the same. Hence the complaint is filed for getting an order directing first opposite party to re-schedule the repayment scheme and to give sufficient opportunity and time for repayment.

The first opposite party filed version contenting the allegations. The complaint is not maintainable either in law or on facts and to be dismissed in limine. The opposite party initiated RR proceedings, for the recovery of the loan amount and interest due to him. It is admitted by the complainant also.

As per Section 72 of Kerala RR Act Civil Court have no jurisdiction in respect of a written demand issued under this act. AS a preliminary issue, the maintainability of the complaint was heard.

(3)

The complainant had admitted that he had availed a cash credit for Rs.2,0000/- and he is a defaulter in repayment. It is also admitted that the second opposite party had initiated RR proceedings against the complainant and he had issued with a notice to that effect.

Hence the Consumer Forum has no jurisdiction to adjudicate the matter as per Kerala RR Act. The complaint is not maintainable as RR proceedings has already been initiated and the prayer is also not entertainable by this Forum. Hence the complaint is dismissed. No costs.

Dated this the 30^th day of November 2010.

K.Vijayakumaran     :Sd/-

Adv.Ravi Susha       :Sd/-

R.Vijayakumar         :Sd/-

// Forwarded by Order //

     Senior Superintendent