PUNJAB NATIONAL BANK Vs. CONSUMER DISPUTES REDRESSAL FORUM

JUDGEMENT

(1.) The petitioner Bank challenges an interim order of the Consumer Disputes Redressal Forum, Alappuzha, passed under the Consumer Protection Act, 1986, in Ex. P4 complaint filed by respondents 1 and 2, restraining and prohibiting the petitioner from taking auction proceedings of sale and other proceedings against the Respondents 2 and 3, pursuant to a notice issued by the petitioner under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), for recovery of loan amounts due under a loan given to the respondents 2 and 3, on the ground that the respondents 2 and 3 have made out a prima facie against the petitioner and there is a consumer dispute. According to the petitioner, the Consumer Disputes Redressal Forum (CDRF) has no jurisdiction to entertain a challenge against the proceedings under the SARFAESI Act. The petitioner therefore seeks the following reliefs:

(2.) The respondents 2 and 3 oppose the prayers of the petitioner on the ground that since there is a consumer dispute involving deficiency in service of the petitioner and banking comics within the purview of service as defined in Section 2(o) of the Consumer Protection Act, the CDRF has jurisdiction to entertain a complaint regarding deficiency in service of the petitioner Bank, notwithstanding the SARFAESI Act, in view of Section 3 of the Consumer Protection Act.

(3.) I have considered the rival contentions in detail. At first blush the argument of the respondents on the basis of the definition of service in Section 2(o) of the Consumer Protection Act, read with Section 3 thereof, stipulating that the provisions of the Consumer Protection Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force, sounds attractive. But the jurisdiction of the Consumer Disputes Redressal Forum to interfere with proceedings under the SARFAESI Act has to be appreciated in the light of the provisions of the SARFAESI Act, the object and purpose of that Act and the decisions of the Supreme Court upholding the primacy of the Act, even in relation to the powers of the High Court under Article 226 of the Constitution of India.