D.O.F:20/09/2022

                                                                                                 D.O.O:30/06/2023

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

CC.No.228/2022

Dated this, the  30^th day of June 2023

PRESENT:

SRI.KRISHNAN.K                         :PRESIDENT

SMT.BEENA.K.G                          : MEMBER

Hassainar, aged 63 years

S/o Andu @ Anthuunhi

Residing at Berolika House

Ichilangode Post & Village, Manjeshwara Taluk

Kasaragod District. 671324                                        : Complainant

                                                  And

1. The Branch Manager

    Kerala Gramin Bank, Badiyode Branch & Post

    Manjeshwara Taluk, Kasaragod

2. Mr. Sunil kumar K P,

    Authorized Officer

    Kerala Gramin Bank, Badiyode Branch & Post

    Manjeshwara Taluk, Kasaragod – 671322

3. M/s Canbank Computer Service Ltd.                      : Opposite Parties

    C.No.218, J P Royale, 1^st floor

    Sampige Road, Malleshwaram

    Bangalore - 560003

ORDER

SRI.KRISHNAN.K   :PRESIDENT

IA- 285/2022 in CC.No.228/2022

The complaint relates to mortgage loan alleging that demand for the amount claimed is not correct and for compensation.

          IA is filed to restrain Opposite Party from sale of mortgaged property till disposal of main complaint.  The grievance of complainant is that he received demand notice; could not pay amount due, hence property is put for sale at Bangalore, upset price fixed is too low, if property is sold he will suffer loss and therefore prays for restraining sale of mortgaged property from sale.

          The Opposite Party filed counter denying allegation, property is taken possession as per SARFAESI Act. Petitioner/complainant is a defaulter of loan, possession is taken, and now put up for sale following all rules and procedure and hence petition is not maintainable and thus to be dismissed.  Heard parties, purused records.

          Point for decision is whether CDRC has any jurisdiction to entertain or grant relief restraining bank from proceeding with measures/action under SARFAESI Act?

          It is settled position of law that once possession of property is taken, under SARFAESI Act, bank is at liberty to sell the property as per rules thereon CDRC has no jurisdiction to entertain any complaint relating to measures initiated by bank vide Punjab National Bank v/s CDRF dated 29/07/2011.

          In view of reasons aforesaid there is no bonafide in the claim, petitioner has not made out even a prima facie case for relief and thus not entitled to the relief in the petition.  In the circumstances we hold that there is no need of proceeding with complaint and hence complaint dismissed as not maintainable.

      Sd/-                                                                                              Sd/-

MEMBER                                                                                      PRESIDENT

Forwarded by Order

Ps/                                                                 Assistant Registrar