SRI.K. VIJAYAKUMARAN, PRESIDENT. Complaint seeking direction to the opp.party to furnish statement of accounts, to restrain the opp.party from initiating auction proceedings, compensation costs etc. The averments in the complaint can be briefly summarized as follows: The complainant has availed a loan of Rs.1,00,000/- from the first opp.party bank. His wife also has availed another loan from the first opp.party bank of Rs.1,00,000/-. Both of them availed loan mortgaging their property as security. They have been duly paying the amounts towards loan. While so, the complainant and his wife received notice issued by the 2nd opp.party informing them that the mortgaged property would be sold in auction on 12..11.2009 . On getting the notice the complainant had approached the first opp.party and demanded this statement of accounts. But the same was not furnished. However, the auction scheduled to be held on 12.11.2009 was postponed to 20.1.2010. The opp.party has directed the complainant to remit or Rs.20,000/- towards settlement of loan amount. But even after remitting the above sum the opp.party proceeded with the auction proceedings . The complainant has got every right to get the details of his loan accounts before any auction is initiated. Hence the complaint. The first opp.party filed version contending that the complaint is not maintainable either in law or on facts. . It is admitted that the complainant has availed a loan of Rs.1,00,000/- on 16.3.2001 and as security the complainant and his wife executed documents in favour of the bank mortgaging the said property. After availing the loan the complainant and his wife committed default and therefore, the first opp.party initiated action to realize the loan amount. When recovery proceedings were initiated the complainant filedCC/94/08 before this Forum praying for a direction to furnish statement of account among other relief. However, the complainant did not prosecute the case and the same was dismissed. When the opp.parties initiated steps for the sale property the complainant approached the first opp.party and agreed to settle the matter. Thereafter the complainant appeared in the Adalath held on 14.10.2009 and he has agreed to remit the entire dues before 30.11.2009. But without doing so filed this complaint. The complainant has violated the terms and condition agreed upon. Without the consent and knowledge of the first opp.party the complainant has transferred the mortgaged property infavour of his wife, for which separate action is initiated by the first opp.party. As per the statement of accounts kept by the opp.party a sum of Rs. 2,79,773/- from the complainant in addition to interest over due interest and other charges The complainant is false and frivolous and filed only to delay the recovery proceedings. Hence the first opp.party prays to dismiss the complaint with their costs. No version has been filed by the 2nd opp.party. Points that would arise for consideration are: 1. Whether there is deficiency in service on the part of the opp.parties 2. Reliefs and costs. POINTS: The main grievance of the complaint is that the opp.parties are not furnishing the statement of accounts in respect of the loan availed by him and his wife despite several request made by them. According to him though he has remitted a considerable amount the opp.parties have not accounted them and it is because of that he has sought for the statement of accounts which the first opp.party declined to issue. The contention of the opp.party is that the complainant is a chronic defaulter. After availing the loan in the year 2001 he did not make repayment of loan as agreed . And so recovery proceedings have been initiated and mortgaged property was put sale after completing the formalities and at that time the complaint herein filed CC.94/08 before this Forum knowing well that the case will not stand. The complainant did not prosecuted the said case which was dismisseds and the present complaint is filed when the auction proceedings has been initiated by the opp.parties again with view to delay the same. A perusal the records in CC 94/08 would show that the prayers in both the cases are more or less identical. The main prayer in that case was also for a direction to the opp.parties to furnish the statement of accounts. In that case also along with the version the opp.parties have produced the statement of accounts and the complainant has got the details sought for by him. After receiving the same he did not make any attempt to settle the case and when auction proceedings were initiated by the 2nd opp.party again he filed this complaint. As argued by the learned council for the opp.party it is obvious that the only intention of the complainant is to delay auction proceedings and he has no bonafides. It is to be noted that in this case also the opp.party has produced the statements of accounts as on 30.3.2010 along with the version and copy is also given. The complainant since the main prayer has been complied with by the opp.party by furnishing the statements of accounts, the complainant has become infructuous so far as the first prayer is concerned. Regarding the 2nd prayer for injunction to restrain auction proceedings the complainant has other efficacious remedies by filing appeal against the arbitration award before the appropriate authority, which he has not exhausted. More over this Forum has no jurisdiction to grant injunction restraining judicial proceedings. As argued by the opp.party the complaint is filed without any bonafides with intention to delay the auction proceedings which is in progress. We are of the view that there is no deficiency in service on the part of the opp.party. Point found accordingly. In the result the complaint fails and the same is hereby dismissed with compensatory costs of Rs.1,000/- Dated this the 9TH day of July, 2010. I N D E X List of witnesses for the complainant and opp.parties :NIL List of documents for the complainant and opp.parties: NIL | 
