KOTAK MAHINDRA BANK LIMITED Vs. JUMMA KHAN

JUDGEMENT

(1.) THE facts germane to the above detailed case are these. The complainant, Jumma Khan purchased a truck bearing registration No. RJ 148G -0975. The said vehicle was financed by the petitioner/respondent, Kotak Mahindra Bank Limited. The complainant deposited a sum of Rs.8,78,196/ -. In the meantime, the complainant had also filed a civil suit before Hon'ble Civil Judge, Junior Division, Alwar against the respondent. As ordered by the Civil Judge, the complainant deposited an amount of Rs.8,10,601/ - with the respondent. The petitioner -opposite party also assured that he would issue 'NOC' of the said vehicle in favour of the complainant.

(2.) THE grievance of the complainant, Jumma Khan before the District Fourm was that 'NOC' was not issued by the petitioner and it be directed to issue NOC and compensation be imposed upon it.

(3.) THE defence set up by the petitioner before the District Forum was that the complainant had deposited a sum of Rs.8,10,601/ -, however, it stated that apart from the above said loan, the complainant had also availed another private loan for a short period through an agreement dated 19.10.2006 of an amount of Rs.4,98,000/ - on guarantee of said vehicle i.e. truck bearing registration No. RJ 148G -975 and the truck bearing registration No. RJ 02 1G -275. The complainant was to pay the full loan and an amount of Rs.24,100/ - is still due against the complainant. It is stated that the agreement was executed at Jaipur, therefore, the jurisdiction of Alwer fora was called into question. Again, there was arbitration clause and the matter should have been referred to the Arbitrator.