BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Date of filing : 04/01/2013
Date of Order : 05/01/2013
Present :-
Shri. A. Rajesh, President.
Smt. C.K. Lekhamma, Member.
C.C. No. 14/2013
Between
Anitha Abdul Rahman, | :: | Complainant |
W/o. Abdul Rahman, Thachavallath House, Muppathadom. P.O., Kodungallur Village, Paravur Taluk, Ernakulam. |
| (By Adv. Lenin P. Sukumaran, M/s. P.M. Ziraj & Associates, S.R.M. Road, Kochi – 18, Ernakulam) |
And
Union Bank of India, | :: | Opposite Party |
Binanipuram Branch, Binanipuram. P.O., Ernakulam District, Rep. by its Manager. |
| (Notice not sent) |
O R D E R
A. Rajesh, President.
This complaint is filed by the complainant alleging deficiency in service on the part of the opposite party during their proceedings under SARFAESI Act. We have heard the learned counsel for the complainant and gone through the documents on record.
2. The Hon'ble High Court of Kerala in Punjab National Bank Vs. Consumer Disputes Redressal Forum 2013 (3) CPR 21 (Ker) held that, “Consumer Forum has no jurisdiction to entertain any complaint in respect of any measures taken by a Bank or a Financial Institution under the SARFAESI Act 2002 and the Consumer Disputes Redressal Forum has no jurisdiction to give any relief whatsoever against the same. In the instant case, the complaint has been filed by the complainant in furtherance of a dispute arising from proceedings under the SARFAESI Act.”
3. In view of the above authoritative pronouncement, we are of the considered view that this Forum has no jurisdiction to entertain this complaint. The remedy of the complaint lies elsewhere, the complainant is directed to receive back the complaint and related documents to file appropriate authority, if so advised.
Pronounced in the open Forum on this the 5th day of January 2013.
Forwarded/By Order, Sd/- A. Rajesh, President.
Sd/- C.K. Lekhamma, Member.
Senior Superintendent.
