ORDER ON ADMISSION

(Passed on 31 March 2022)

As per Hob’ble Member Mr. Avinash Prabhune.

            Heard learned counsel for Complainant on admission.

1.     The complainant had filed present complaint alleging deficiency in services, fraud & cheating by OP No 1 to 5, (IndusInd Bank, it’s officials & agent) while releasing Home loan of Rs 5,50,000/- for the 144 months period on 25.06.2019. Complainant had alleged that OPs demanded blank cheques & amount of Rs 25,000, 14,000 & 15,000/- illegally for sanctioning home loan to Complainant. OPs in collusion with each other compelled Complainant to purchase various insurance policies. Complainant had prayed for directing OPs to pay Rs 3,00,000/- along with interest of 12% P.A. towards the claim of complainant for the losses suffered by him.

2.     It is noticed from the averments in the para No 4 to 16 of the complaint that Complainant had levelled various allegations of illegal demand of money, fraud & cheating by OP officials & held them liable in personal capacities. Hon’ble NCDRC, New Delhi has consistently observed in various judgments that the cases related to fraud and/or forgery cannot be decided by the consumer forum as the proceedings in consumer forum are summary in nature. In the matter of ‘Bright Transport Co. Vs. Sangli Sahakari Bank Ltd., II (2012) CPJ 151 (NC)’ Hon’ble NCDRC had held that complaints which are based on allegations of fraud, forgery, etc. and trial of which would require voluminous evidence and consideration are not to be entertained by NCDRC.

3.           Before parting with case, it is matter of records that Complaint was filed on 02.12.2021 before Commission. It was listed for admission hearing on 09.12.2021 but adjourned as Complainant & her counsel were absent upto 07.01.2022. The matter was further adjourned for admission hearing at the request of learned Counsel for the complainant. It can be seen that the delay in deciding admissibility of the complaint was solely due to the requests of the Complainant; therefore, the complaint cannot be deemed to be admitted.

4.          In view of the above facts/circumstances & discussions, this Commission cannot entertain complaint as it contains main allegations regarding illegal demand of money, fraud and cheating.  The present Complaint cannot be entertained, therefore, deserves to be dismissed, hence dismissed.

ORDER

1)    Complaint is dismissed at admission stage.

2)    No order as to costs.

3)   Certified copy of this order be supplied to Complainant free of cost.