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Issues regarding fraud and securitization cannot be decided by Forums

By Adv Jatin Ramaiya

The North Goa District Consumer Disputes Redressal Forum dismissed complaints filed by  Bhavi and his wife at admission stage without issuing any notice to the other side. The Bhavi’s in their complaint stated that they received notice from Karur Vaisya Bank and from the notice realized that one of their family friends had without their knowledge obtained a loan on their flat.  

They said that, the family friend obtained the signature without explaining or reading out clauses of the loan agreement. Taking advantage of their illiteracy and lack of knowledge in banking matters a fraud  was committed on them.

Since the loan was not repaid the bank was  taking action.

The Forum upon going through the complaint and other material observed that “this is not a case of simple deficiency in service. On going through the complaints, it is evident that the complainant has alleged fraud on the part of the opposite party. Overall reading of all the complaints would indicate that there are complex questions of fact and law to be determined and it would be proper for the complainant to approach the Debt Recovery Tribunal, since the issues raised in their complaints are interconnected to the action initiated by the bank under SARFAESI Act for recovery of the loan amount from the complainants.”

The Forum also observed that the family friend was also necessary party to the complaint and not adding him was fatal to the complaint. The Forum further observed that the Bhavi’s had claimed exorbitant compensation and therefore, the same was also ground for rejection of the complaint summarily.

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