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TMI Blog1995 (1) TMI 266X X X X Extracts X X X X X X X X Extracts X X X X ..... of the respondent Nos. 2 and 3 was Rs. 73,600 and out of the said amount they utilised a sum of Rs. 61,939. 3 . The respondent No. 2 on or about 24-9-1993 stated that the sale proceeds would be deposited in the bank account as the respondents were in the process of closing the account in view of the deteriora- ting quality of services of bank. The said shares, however, were not released. According to the respondents, some alternative proposal to the bank had been given but, according to the bank, the said respondents did not act in terms of its suggestions. On 18-10-1993 the bank manager of the petitioner-bank refused to release the shares. The respondents contend that the said purported reasons are flimsy and unjustified. A copy of the said letter is contained in Annexure D to the writ application. Further allegation of the respondent Nos. 2 and 3 is that the shares of the Tube Investments of India Ltd. were bought by them from the market at a higher price in order to fulfil their obligations to their buyers, as a result whereof they suffered financial loss. The said respondents filed a complaint petition before the respondent No. 1 on 7-1-1994 which was marked as CDF 9 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... counsel further submitted that in any event keeping in view the fact that the said Act is a complete Code in itself and provides for an elaborate procedure for hearing as also appellate and revisional forums, there is no reason as to why the petitioner should not avail the more efficacious and expeditious remedy. Reliance, in this connection, has been placed on K.K. Shrivastava v. Bhupendra Kumar Jain AIR 1977 SC 1703 and Titaghur Paper Mills Co. Ltd v. State of Orissa AIR 1983 SC 603 and ShyamKishore v. Municipal Corporation of Delhi AIR 1992 SC 2279. The said Act has been enacted to provide for better protection of interest of the consumers and for that purpose to make provision for the establishment of Consumer Councils and other authorities for the settlement of the consumer disputes or for matters connected therewith. 7. Before considering the rival submissions of the parties, the relevant provisions of the said Act may be noticed. "2. Definitions. - (1) In this Act, unless the context otherwise requires, - ( a ) and ( b )****** ( c ) complaint means any allegation in writing made by a complainant that ( i )an unfair trade practice or a restric ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... connection with banking, financing, insurance, transport, processing, supply or electrical or other energy, board or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service;" "15. Appeal - Any person aggrieved by an order made by the District Forum may prefer an appeal against such order to the State Commission within a period of thirty days from the date of the order, in such form and manner as may be prescribed: Provided that the State Commission may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period." "17. Jurisdiction of the State Commission - Subject to the other provisions of this Act, the State Commission shall have jurisdiction ( a ) to entertain ( i )complaints where the value of the goods or services and compensation, if any, claimed exceeds rupees five lakhs but does not exceed rupees twenty lakhs; and ( ii )appeals against the orders of any District Forum within the State; and ( b ) to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der the provisions of this Act, be final." Keeping in view the aforementioned provisions of the said Act, there cannot be any doubt whatsoever that the said Act is a complete code itself. The said Act is also a beneficent statute enacted for the purpose of giving a speedy relief to the consumers. In terms of the provisions of the said Act, the forums are required to dispose of a complaint within a period of 90 days from the date of the receipt thereof. 8. The respondent Nos. 2 and 3 in their complaint petition filed against the petitioner have made several allegations. The said allegations, as it appears from the writ application, have been denied and disputed. There, thus, exists a disputed question of fact as to whether the dispute is a consumer dispute within the meaning of clause ( e ) of section 2. It is now well known that although this Court ( sic ) in exercise of its jurisdictional fact should ordinarily be directed to be considered by the said Tribunal at the first instance. 9. In Management of Express Newspaper v. Workers AIR 1963 SC 569, the law has been laid down by the Supreme Court in the following terms : "15. The High Court undoubtedly has jurisdic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions quoted passes our comprehension. It is well settled law that while article 226 of the Constitution confers a wide power on the High Court there are equally well settled limitations which this Court has repeatedly pointed out on the exercise of such power. One of them which is relevant for the present case is that where there is an appropriate or equally efficacious remedy, the court should keep its hands off. This more particularly so where the dispute relates to an election. Still more so where there is a statutorily prescribed remedy which almost reads in mandatory terms...." (p. 1703) 11. In Titaghur Paper Mills Co. Ltd. s case ( supra ) , it has been held : "In the instant case against the order of the assessment made by the Sales Tax Officer under the Orissa Sales Tax Act the petitioners assessees, can get adequate redress against the wrongful acts complained of. The petitioners have the right to prefer an appeal before the prescribed authority under sub-section (1) of section 23 of the Act If the petitioners are dissatisfied with the decisions in the appeal, they can prefer a further appeal to the Tribunal under sub-section (3) of section 23, and then ask fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... use shown it is open to the Government to consider the matter in the light of the facts and submissions placed by the Government servant and only thereafter a final decision in the matter could be taken. Interference by the Court before that stage would be premature. The High Court, in our opinion, ought not to have interfered with the show-cause notice." (p. 948) 14. The learned counsel for the petitioner has relied upon the decisions of the National Consumer Disputes Redressal Forum being in Essex Farms (P.) Ltd. v. Punjab National Bank [1992] 7 CLA 49 and Special Machines v. Punjab National Bank [1990] 1 Comp. LJ 331. In Special Machines case ( supra ) a complicated nature of questions of facts and law arose for determination in the light of elaborate pleadings and documents filed by both sides. Upon consideration thereof as also on the ground that the matter had been pending for about 12 years, the Commission declined to adjudicate upon the complaint in terms of the provisions of the Act and the complainant was referred to pursue his ordinary remedy before the civil court. Such is not the position here. In Essex Farms (P.) Ltd. s case ( supra ) the qu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntial users and includes the provision of facilities in connection with banking, financing, insurance, etc. Banking transactions have thus been brought specifically within the ambit of the Consumer Protection Act. One of the important services rendered by the bank is advancing of loan of various kinds and one kind is the offering of loan on the security of the jewels. If there is deficiency in this service, it is open to the loanee to seek relief under the provisions of this Act. Hence the contention that the complaint is not maintainable has no substance." 18. Similarly, in State Bank of Hyderabad v. Sri Bairi Lingam 1 (1991) CPJ 362, it has been held that there may be deficiency in banking services to be rendered by the bank owing to its fault in the due performance of promise to finance. In Filmalaya (P.) Ltd v. Corporation Bank 1(1992) CPJ 117, negligence on the part of an employee of the bank was held to be a case falling within the purview of the said Act. In the said decision it was further held that the bank is liable to make good the loss resulted from its deficiency in service. In Bank of India v. HCL Ltd. 1993 (3) CPR 30, non-furnishing of payment against ..... X X X X Extracts X X X X X X X X Extracts X X X X
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