D.O.F:18/03/2022
D.O.O:05/09/2022
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.No.52/2022
Dated this, the 05th day of September 2022
PRESENT:
SRI.KRISHNAN.K :PRESIDENT
SRI.RADHAKRISHNAN NAIR.M : MEMBER
SMT.BEENA.K.G : MEMBER
1. Suhara, W/o Hameed, aged 56 years
2. Abdullahil Amar A.H, aged 35 years,
S/o Hameed,
Both are R/at Ayisha Manzil, : Complainant
Kaasi Line, Thalankara,
Kasaragod Post,
Kasaragod Taluk and District – 671122
(Adv: Mohanan Nambiar.M)
And
The Manager,
Kerala Bank, Kasaragod Branch : Opposite Party
P.O Kasaragod, Kasaragod
(Adv: Chandramohan.G)
ORDER
SRI.KRISHNAN.K :PRESIDENT
The case of the complainant is that he has availed a housing loan from Opposite Party bank promising to re-pay in monthly installments.
But due to Covid – 19 he could not repay the amount due.
Bank proceeded for sale of property including the house their in, thus deficiency in service.
An exparte interim injunction order was granted infavour of the complainant.
The Opposite Party filed version along with counter to IA saying that the complaint is not maintainable at law since steps are taken under SARFASEI. Notice is also sent under section 13(2) of SARFASEI act and after receiving the notice complaint is filed.
In view of the dictum laid down in 2022 (2) KHC 386 (SC) Since SARFASEI proceedings are pending and thus consumer complaint long thereafter is not maintainable at law.
In the result complaint is dismissed.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
Ps/
