D.O.F:24/01/2024
D.O.O:05/03/2024
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION KASARAGOD
IA-39/2024 in CC-23/2024
Dated this, the 05th day of March 2024
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT. BEENA. K.G : MEMBER
Ajith Kumar (aged 40 years)
S/o Sudama, R/at Hoige House, Udyavar Village : Complainant
P.O Kunjathur, Manjeshwar Taluk,
Kasaragod. District.
(Adv: Sachin Shenoy)
And
1. The Secretary,
Manjeshwar Service Co-operative Bank Ltd,
Hosbettu Village, Manjeshwar Taluk,
Kasaragod District. : Opposite Parties
(Adv: Rajesh.K)
2. The Special Sale Officer
Manjeshwar SCB Group,
O/O Assistant Registrar (General)
Manjeshwara, P.O, Kumbla, Kasaragod District
ORDER
SRI. KRISHNAN.K : PRESIDENT
This is an application filed by Petitioner/Complainant claiming relief of temporary injunction directing respondents not to take steps for sale of immovable property during pendency of complaint and to pass interim orders there in :-
The case of the Petitioner/complainant is that he availed loan facility from Opposite Party bank, agreeing to re-pay as per loan agreement. Respondent did not give the copy of loan agreement or chart of repayment. The petitioner repaid some instalments. On 18/01/2024 Petitioner received a notice of demand from Respondent No:2 claiming Rs.11,63,103 and if not paid on receipt of the notice the mortgaged property will be sold on 29/01/2024. The petitioner/Complainant apprehends that the respondent is preparing to sell the property of Petitioner/Complainant.
Emergent notice was issued to Respondent. They appeared and filed counter to IA and version. Respondent strongly opposed the petition and contended that the Petitioner/Complainant availed a business loan of Rs. 5,00,000/- in the year 2015. The said loan is to be renewed yearly by paying its interest. The petitioner/complainant renewed till 2017 and thereafter repeated notice and intimation sent to the applicant. But not paid the dues or renewed. The respondent bank constrained to took ARC proceedings. Petitioner appeared before ARC proceedings and ARC award was passed and EP 104/2023 is pending for recovery. Loan statement is already provided. In view of the Arbitration Award complaint is not maintainable before the Commission. And prayed to dismiss the complaint .
Heard the respective counsels for parties in details.
Upon hearing and perusal of documents and affidavit filed by the parties short question arised for consideration is:
Whether Petitioner/complainant is entitled to interim relief sought for the case? Whether complaint is maintainable before the Commission.
The document produced by the respondent bank shows that an Arbitration Award is passed on 24/04/2022 by Assistant Registrar of Co-operative society Kasaragod. The statutory remedy is appeal and revision, not yet availed. Therefore consumer complaint is not maintainable.
The order has became final. Respondent initiated proceedings as per the statutory provisions. When parallel proceedings are pending and not challenged and it has became final the petitioner/Complainant is not entitled to the relief and Commission inclined to grant the relief hence interim relief sought for is hereby declined/rejected and complaint dismissed as not maintainable.
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Ps/ Assistant Registrar
