IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT PORT BLAIR
ARIJIT BANERJEE
Manik Chandra Ghatak – Appellant
Versus
Branch Manager, United Bank Of India – Respondent
JUDGMENT :
ARIJIT BANERJEE, J.
1. This civil revisional application is directed against an order dated February 21, 2019, whereby the petitioner’s Revision Petition No. 1609 of 2016 filed under section 21(b) of the Consumer Protection Act, 1986 (in short CPA) was dismissed by the National Consumer Disputes Redressal Commission ( in short NCDRC).
2. The brief facts of the case are that the petitioner obtained two loans of Rs. 60,000/- each from the respondent bank. As security, he had mortgaged two LIC policies with the bank. As per the terms of the loan agreement, he was required to deposit the EMIs regularly, which he failed to do since 2009.
3. The petitioner says that when he tried to deposit the premium in connection with the two LIC policies in November, 2012, he came to know that those policies had been surrendered by the respondent bank and the value thereof was remitted to the bank by LIC.
4. The petitioner filed a complaint before the Consumer Disputes Forum at Port Blair, against the respondent bank. He claimed compensation to the tune of Rs. 15,74,786/- and interest thereon for the alleged loss that he had suffered by reason of surrender of the two LIC policies by the bank. H
The power under Article 227 is intended to be used sparingly and only in appropriate cases, for the purpose of keeping the subordinate courts and tribunals within the bounds of their authority and no....
(1) Against order passed by National Commission in an appeal under Section 58 (1)(a)(iii) of Consumer Protection Act, 2019, writ petition before concerned High Court under Article 227 of Constitution....
(1) Appeal to Supreme Court – Appeal against order passed by NCDRC to Supreme Court would be maintainable only in case order is passed by NCDRC in exercise of its powers conferred under Section 21(a)....
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The main legal point established in the judgment is the jurisdiction of the State Commission under the Consumer Protection Act and the power of the High Court under Article 227 of the Constitution of....
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