Civil Procedure Code (CPC)

What next in consumer forum?


District Consumer Forum ruled and asked the Bank to adhere to Loan agreement  and disagreed with enhanced EMI. Banker did not comply. Upon filing Execution Application, the Banker preferred an appeal with State Commission but never attended proceedings for more than two years. Their appeal was dismissed for default. Under EA proceedings Bailable Arrest Warrant is being issued (as told to me by the Hon'ble bench) against Banker, who has been adopting delay tactics as the burden of interest lies with the consumer.The Banker woke up now and petitioned  the State Commission on flimsy grounds (accident/fracture) to set aside it earlier dismissal order (for default).  I am not able to service the loan account any further as my next rupee payment shall go to undue dues still being maintained in the loan account, that the forum has not upheld.

Can the State Commission set aside its earlier dismissal order for default?

Under what sections of law can I block their nefarious design?

Any advice on my next steps is welcome. 

Thanks in advance.

 
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Scientist/Engineer

You must oppose the Banker's petition before the State Commission to restore his case. Along with the application opposing the Banker's petition you must claim appropriate compensation / remedial action in case the Banker's petition is admitted. How do you know that the Banker has pettitioned? If the State Commission itself has not given you notice you must file a coveat.


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Thanks for your precious advice Dr. MPS Ramani.  State Commission has returned their petition due to lack of jurisdiction to set aside exparte orders. I found out this from Registrar upon receiving copy of their petition. I filed a caveat with National Commission as I expect them to file a Revision Petition against State Commission decision. I also filed a Caveat with High court but for CRP. As far as I know, they cannot file a writ in HC as per Supreme Court directions in Consumer cases. Which other type of application are they likely to come up in HC ? I am contesting myself as P-in-P. Thanks in advance again.

 
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Advocate,9444674980

the bank on can approach National commission , but i do  not think it will approach under writ jurisdiction in High court. So wait for call from National commission.

 
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Scientist/Engineer

When the Constitution was introduced in 1950 there were no consumer courts. The latter came into existence only in 1986. The regular civil courts and the consumer courts are two separate channels having no mutual jurisdiction over each other. Both the channels meet only at the Supreme Court. It is not clear whether High Courts have writ jurisdiction over consumer courts. High Courts have entertained writ petitions against District Consumer Fora in the past. But it is doubtful whether High Courts can entertain writs against State Commission.

 
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Scientist/Engineer

It would be funny if the Bank files a writ petition against the State Commission. In the first place it was the Bank which went on appeal before the State Commission. Now if the decision of the Commission is not favourable to itself how can it file a writ?
 
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Madam Ramani,

I truly appreciate your expert opinion and the time spent . Apologies for the delay in my gratitude as I am not regular visitor here. I filed caveat with National Commission and HC under writ.  I am reluctant but would like to pose two last queries in this matter. I am not able to figure out myself as a party in person hence this request. Can a Bank after recalling a home loan on frivolous grounds once again withdraw their recall letter unilaterally based on their whims and fancies? After withdrawing SARFAESI Proceedings admitting lapses in writing, can they once again initiate recovery proceedings under RDDB& FI Act 1993 while not complying with Consumer Forum order and while bailable warrant has been issed against them by the forum, as per execution proceedings. I would be grateful to you for your reply.THanks Madam.

 
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