ORDERS ON MAINTAINAABILITY ON ADMISSION

1. Heard the arguments of the complainants. Perused entire complaint averments. On the maintainability of the complaint the Commission opined as follows.

2. Admittedly the complainants have availed mortgage loan of Rs.15,00,000/- from the OP bank and the complainants has also averred  that he has paid entire loan amount and there is no due towards loan. It is also specifically pleaded by the complainants at para-4 of the complaint and averments that “Except the above said loan transaction the complainants have not borrowed any loan from the OP Bank”. The complainants further  alleged that even though he has made the entire loan amount payment to the OP bank has demanded part of repayment towards balance loan amount by issuing notice without demanding for the repayment of balance loan amount. On perusal of the entire complaint averments and  by observing the facts of the complaint, it is observed that there is an inconsistency in pleading which is apparent from the face of the record and the complainants have contradicted their  own complaint assertion on the facts of the case and also on their own statement of pleading. Para-15 of the complaint averments clearly goes to show that wherein the complainants have pleaded that “the complainants submits that the OP have no authority to initiate  the recovery proceedings against the schedule property against the two alleged  other loans”. This fact and the complainant’s averments clearly establishes that the complainants have not pleaded all true and correct facts. The contradiction of the complainant facts on availing loan from the OP bank clearly establishes that the complainants have not approached the commission  with clean hands. It is  also clear from the facts of the complaint that the complainants have made inconsistency pleadings with respect of the loan transactions with the OP bank is concerned and also the complainant has not disclosed entire loan transactions with the OP bank i.e. the complainant fails to disclose how much money loans he has borrowed from the OP bank. All these facts clearly goes to show that the complainant has not put forth the real and true facts of the case. From the prayer which is sought by the complainant which is crystal clear  that at one stretch  the complainant pleaded that he has paid entire loan amount and where as in his own complaint pleadings the complainant undertakes to repay the balance loan amount pertaining to the above said loan amount. All these facts clearly establishes that the complainants who has filed the complaint  in order to avoid any possibilities legal action pertaining to other two loan transactions, which is referred at para-15 of the complaint averments. The complainants have fail to make out any case of deficiency as a consumer under the provisions of section 27(1)(2) of Consumer Protection Act,2019. In view of the above discussions the complaint is liable to be rejected at the threshold on the admission of the complaint for the above reasons.

                                    ORDER

Complaint is rejected as not maintainable.

(RAMACHANDRA M.S.)

PRESIDENT

(NANDINI H KUMBHAR)     (CHANDRASHEKAR S.NOOLA)       

         MEMBER                             MEMBER