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UMESH C.BANERJEE, B.P.SINGH
SYNOO INDUSTRIES – Appellant
Versus
STATE BANK OF BIKANER & JAIPUR – Respondent


Counsel for the Parties :
For the Appellant :Mr. Manish Singhvi and Mr. Ashok K. Mahajan, Advocates.
For the Respondents:Mr. M.N. Krishnamani, Senior Advocate with Mr. Anil Kumar Sangal and Mr. Anurag Pandey, Advocates.

Judgement Key Points

Key point: A complaint alleging deficiency in service by a bank in freezing loan facilities, seeking directions for funding, interest waiver, and massive damages (Rs. 15 crores plus Rs. 60 lakhs costs), is not suitable for summary trial under the Consumer Protection Act due to the need for detailed evidence on liability and quantum; the National Commission correctly dismissed it with liberty to approach the Civil Court, as filing such high-value claims in consumer forums to avoid court fees constitutes abuse of process. [judgement_subject][judgement_act_referred] (!) [12000101690001][12000101690002][12000101690003] (!)


ORDER

1. The present appellants moved the National Consumer Disputes Redressal Commission alleging that the respondents had been guilty of deficiency in service in that they had, without good reason, frozen the sanctioned working facilities of the appellant without prior intimation, in this behalf, the appellant sought a direction to the first respondent to prepare a funding package to re-start the appellant's oil division and to grant waiver of interest, damages in the sum of rupees fifteen crores and an additional sum of rupees sixty lakhs to cover cost of travelling, mandays lost and other expenses incurred by the appellant in pursuing the matter with the respondents. The National Consumer Disputes Redressal Commission dismissed the complaint saying, "The complaint is against the Bank, whether the Bank is entitled to reduce the loan facilities or not. We do not consider it to be a fit case to be tried under the Consumer Protection Act. The Original Petition is dismissed. However, the complainant is at liberty go (to) the Civil Court or any other Forum, if so advised."

2. Against this order of dismissal of the complaint, the appellant has filed this appeal and it has been referred





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