AI Structured Summary
Not yet generated for this judgment
Judgment
Heard the Complainant in person. The Complainant stated that he was given a cash credit limit of Rs.25 lakhs by the State Bank of India. He contended that Opposite Party/State Bank of India had committed deficiency in service as an interest of Rs.18,66,719/- has been demanded from the Complainant against outstanding loan of Rs.23 lakhs. In the Complaint, the Complainant made the following prayer: -
Pass an award directing the Opposite Party to pay a sum of Rs.19,85,27,562/- (Rupees Nineteen Crores Eighty Five Lakhs Twenty Seven Thousand Five Hundred and Sixty Two only) to the Complainant towards compensation and damages for negligence, deficiency in service and unfair trade practices;
Pass an award directing the Opposite Party to pay a sum of Rs.5,00,000/- (Rupees Five Crores only) to the Complainant for pain and mental agony;
Pass an award directing the Opposite Party to pay a sum of Rs.4,00,00,000/- (Rupees four crores only) to the Complainant for loss of closing of the industry of the complainant;
Pass an award directing the opposite party to pay a sum of Rs.4,00,00,000/- (Rupees four crores only) to the Complainant for the loss of reputation;
And directing the Opposite Party to pay the cost of entire proceedings; rectification and
Pass such further or other orders as this Hon'ble National Commission may deem fit and proper in the circumstances of the case and thus render justice."
The Consumer Protection Act, 2019 (for short, "the Act") provides for hierarchy of the Consumer Fora to deal with Consumer Complaints, depending upon the pecuniary value of the Complaint. Section 58 of the Act provides that the National Commission shall have jurisdiction to entertain the Complaint where value of the goods or services paid as consideration exceeds rupees ten crores. In the present case, the Complainant has demanded disproportionate compensation to inflate the value of the Complaint and reach to the pecuniary jurisdiction of this Commission, which is nothing but abuse of process of law. As the present Complaint does not fall within the pecuniary jurisdiction of the National Commission, the Complaint is dismissed, with liberty to the Complainant to approach the appropriate Forum.
