INDUSIND BANK LTD Vs. GADADHAR BANERJEE

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India is directed against an order dated 14.1.2009 passed by the State Consumer Disputes Redressal Commission, West Bengal in S.C. Case No.RC/08/072 by which the order No.10 dated 12th September, 2008 passed by the learned District Consumer Disputes Redressal Forum, North 24-Parganas, in Complaint Case No.176 of 2008 was affirmed. The petitioner namely Indusind Bank Ltd. was aggrieved by the said order. Hence, the instant application was filed by the said bank before this Court. In fact, two applications were disposed of by the Forum and/or the Commission by their respective orders as aforesaid. In one of such applications the complainant prayed for issuance of direction against the petitioner bank to make over possession of the vehicle No.WB-15A/3694 to the complainant as the said bank took over the possession of the said vehicle from the complainant by force and in violation of an interim order of injunction passed by the Forum by which the petitioner bank was restrained from taking over possession of the said vehicle other than in due process of law. Such prayer of the complaint was allowed by the Forum and the said order was also maintained by the Commission in appeal.

(2.) The other application was filed by the petitioner bank praying for dismissal of the said complaint on the ground of want of locus of the complaint to maintain such complaint case before the Forum and/or for referring the dispute to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996. The said application was rejected by the Forum and the said order was maintained by the Commission.

(3.) In this context, the instant application under Article 227 of the Constitution of India has been filed by the petitioner bank.