Consumer Protection Act
Mohammed NIZAMUDDIN Farukhi
(Querist) 31 March 2018
This query is : Resolved
Regards
My client consumer case at state Consumer forum at Chennai, on Feb 2018 the SCDRC directed the Complainants' to present before National forum due to the pecuniary Jurisdiction on account of latest SC judgment. This case is against the builder and bank filed in 2006 before SCDRC for getting possession of the flat along with compensation. During 2012 the bank had moved under RDDBF Act against my client since my client had suspended the EMI during 2010 when the proceedings were only running on summons. The bank invoked Sarfaesi Act for which my client replied for closing the loan account and instead of addressing the issue or auctioning, the bank moved drt as a recovery suit which is reserved for orders since 16 Aug 2016. At present the possession is with the bank repossessed from the builder without following the mandatory rules laid down in the act.
Now my question is:
If we present the petition in National Consumer forum now, as the similar case is in dry, will it effect sec 34 of the Sarfaesi Act and RDDBF act
Please guide
Siddharth Jain
(Expert) 31 March 2018
No. The complaint is the NCDRC is maintainable and would not be barred by res judicata.
For more queries contact me at isidjain1@gmail.com
Regards,
Siddharth Jain, Advocate
Delhi High Court.
Mohammed NIZAMUDDIN Farukhi
(Querist) 31 March 2018
Thank you sir
one of a colleague from this panel had sent me email of the NCDRC judgment by v.k.jain in yashwant Rama jadhav Vs shaukat Hussain
Asgher Mahdi
(Expert) 02 May 2018
The matter would would be resjudicate.
