Date of filing : 17.06.2009<br /> Date of Order: 19.04.2010<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 19TH DAY OF APRIL 2010<br /> <br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> COMPLAINT NO: 1387 OF 2009<br /> <br /> S. Raajagopalen<br /> S/o. Late E.R. Srinivasan<br /> R/at No. 905, 1st Floor, 39th Cross<br /> 21st Main, 4th ‘T’ Main Jayanagar<br /> Bangalore Complainant<br /> V/S<br /> The Manager<br /> Barclays Bank<br /> Nelamangala<br /> Bangalore Rural District Opposite party<br /> <br /> <br /> ORDER<br /> By the President Sri S.S. Nagarale<br /> <br /> The complainant has sought relief against the opposite party to direct the opposite party to reschedule and restructure the repayment of loan amount by extending payment period to 12 years in respect of loan obtained by him and direct the opposite parties to reduce interest and direct the opposite parties to reconsider representation made by the complainant. <br /> 2. The opposite party has filed defence version stating that the complainant has admittedly defaulted on repayment of loan and is merely filing this frivolous complaint to divert attention from his default by harassing the opposite party. Restructuring and rescheduling the loan is purely discretionary and the complainant has no vested right to demand rescheduling or restructuring the loan. Opposite party is not obliged to consider the presentation of the complainant and it is purely the discretion of the opposite party whether to restructure and reschedule the loan and they have fully complied with all the guidelines issued by the RBI. <br /> 3. The respective parties have filed affidavit evidence.<br /> 4. Arguments are heard. <br /> 5. The points for consideration are:<br /> 1. Whether the complaint is maintainable?<br /> 2. Whether the complainant has proved any deficiency of service on the part of opposite party?<br /> 3. Whether the complainant is entitled for any relief? <br /> 6. In similar nature of complaint filed by the complainant Mr. Sree Hari, this forum has already taken opinion that complaints of present nature are not maintainable and have been dismissed. Likewise, similar nature of complaints also filed against banks and financial institutions before the I Additional District Consumer Disputes Redressal Forum and there also, these complaints have been dismissed as not maintainable. In the present case also there is no possibility of taking different view which had already been taken in the earlier complaints. Therefore, the present complaint is liable to be dismissed. The complainant has not proved any deficiency of service on the part of opposite party. Therefore, question of granting any relief does not arise. Moreover, these matters cannot be decided by the present fora. If the complainant has got any problem of repayment of loan he has to approach the respective banks and settle the issue amicably by negotiation and talk. Secondly, the complainant has to move and file his representations before the Banking Ombudsman constituted under the RBI guidelines. Banking Ombudsman is a competent authority to decide issues which have been raised by the present complainant. Thirdly, this is a case of the complainant that he has given representation to the respective banks to reconsider and restructure the payment schedule. If it is so, it is up to the respective banks to consider his representation in a pragmatic and practical manner considering the difficulties and the problems of the complainant. There is nothing wrong to apply the mind on the representation of the complainant and convey the decision taken by the respective banks to the complainant. This observation will be sufficient for the complainant. However, it is up to the banks and the complainant to sit together and settle the issues amicably. The present complaint filed before this fora for issuing directions and reduction of interest etc. are not maintainable. Therefore, the complaint deserves to be dismissed. In the result I proceed to pass the following:<br /> ORDER<br /> 7. The complaint is dismissed.<br /> 8. Send the copy of this Order to both the parties free of costs immediately. <br /> 9. Pronounced in the Open Forum on this 19TH DAY OF APRIL 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> MEMBER MEMBER<br />