This opinion arises from Revision Petition No. 721 of 2013 filed by Standard Chartered Bank against an order dated 26/11/2012 passed by the State Commission, Uttar Pradesh, in Appeal No. 201/2012. The dispute concerns the jurisdiction of the Consumer Forum and the State Commission to entertain proceedings involving actions taken under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). The petitioner bank challenged an order of the Consumer Forum dated 24.07.2011, which restrained the bank from taking possession of the complainant's property during the pendency of the case. The bank sought to set aside this order before the State Commission, which dismissed the bank’s appeal as meritless. The bank then filed this revision petition before the National Consumer Disputes Redressal Commission.

Legal Issues Presented

Whether the Consumer Forum and the State Commission have jurisdiction to entertain complaints or appeals relating to actions taken under the SARFAESI Act, 2002.
Whether Section 34 of the SARFAESI Act bars civil courts and consumer fora from interfering with matters that fall within the jurisdiction of Debt Recovery Tribunals or Appellate Tribunals under the SARFAESI Act.
The extent to which consumer protection laws operate in addition to or in derogation of other laws, specifically the SARFAESI Act.
The applicability and binding effect of prior orders of this Commission on State Commissions and District Forums in matters concerning jurisdiction under the SARFAESI Act.

Arguments of the Parties

Petitioner’s Arguments

The petitioner bank contended that the Consumer Forum and State Commission lacked jurisdiction to entertain the complaint or appeal, as the SARFAESI Act exclusively bars civil courts and other authorities from interfering in matters within the purview of Debt Recovery Tribunals.
The bank relied on Section 34 of the SARFAESI Act, which explicitly excludes civil courts from jurisdiction and prohibits injunctions against actions taken under the Act.
The petitioner argued that the State Commission erred in not considering the order of this Commission in Bank of Baroda Vs. M/s. Geeta Foods, which supports the bank's position on jurisdictional limits.
The petitioner alleged that the State Commission’s failure to address this precedent amounted to contempt of court.

Respondent’s Arguments

The respondent (complainant) maintained that the Consumer Forum had jurisdiction to hear the case, relying on a State Consumer Disputes Redressal Forum order in Prasad Vs. GIC Housing Finance Limited, which held that only civil courts are barred and consumer fora retain jurisdiction.
The respondent emphasized Section 3 of the Consumer Protection Act, 1986, which states that its provisions are in addition to and not in derogation of other laws, implying concurrent jurisdiction.
The respondent relied on other consumer forum orders, including Ishori Lal Vs. ESI Corporation, to assert that Section 34 of the SARFAESI Act does not bar consumer fora jurisdiction.
The respondent did not appear before the National Commission but submitted written submissions.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
Bank of Baroda Vs. M/s. Geeta Foods (RP No. 3499 of 2012)	Clarification on jurisdictional limits of consumer fora and State Commissions in matters under SARFAESI Act.	Referenced to show that consumer fora lack jurisdiction to interfere in SARFAESI Act matters; State Commission’s failure to consider this precedent was noted.
Patel Roadways Vs. Birla Yamaha Limited, 2000 (4) SCC 91, AIR 2000 SC 461	The term "court" in statutory provisions includes consumer fora, and consumer protection proceedings are summary but subject to statutory provisions.	Used to explain that consumer fora are not civil courts but their jurisdiction is subject to statutory limits and context.
S. James Vincent Vs. Greater Cochin Development Authority, 1994 (1) CPJ 174 (NC)	Consumer forum cannot entertain complaints already sub judice before civil courts.	Applied to emphasize that consumer fora should not entertain cases pending before civil courts to avoid abuse of process.
Oswal Fine Arts Vs. H.M.T., 1991 CPC 43, 1991 (1) CPJ 330, 1991 (1) CPR 386 (NC)	Consumer Commission will not entertain claims for compensation in respect of matters sub judice before civil courts.	Reinforced the principle that consumer fora lack jurisdiction where civil courts are seized of the matter.
Southern Railways Vs. M. Chidambaram, 2002 (1) CPJ 34 (NC)	Proper forum for claims under Railway Claims Tribunal Act is the Railway Claims Tribunal, barring consumer courts’ jurisdiction.	Illustrated limits on consumer fora jurisdiction where specialized tribunals have exclusive jurisdiction.
Dinesh Kumar Vs. Railway Station Master, Raipur Station, 2004 CPJ 136 (Chhattisgarh)	Section 15 of Railways Act bars jurisdiction of other courts including consumer fora.	Supported the principle that consumer protection remedies are barred where statutory exclusion applies.
Traxpo Trading Co. Vs. The Federal Bank Ltd, I (2002) CPJ 31 (NC)	Jurisdiction of consumer commission barred under Section 18 of Recovery of Debts Due to Banks and Financial Institutions Act, 1993 when bank has filed suit before DRT.	Directly applied to bar consumer forum jurisdiction in matters pending before Debt Recovery Tribunal under the Recovery of Debts Act.

Court's Reasoning and Analysis

The court began by emphasizing the exclusivity of jurisdiction conferred by the SARFAESI Act, particularly Section 34, which prohibits civil courts and other authorities from entertaining suits or proceedings in matters that Debt Recovery Tribunals or Appellate Tribunals are empowered to decide. It held that the Consumer Forum and State Commission erred in assuming jurisdiction over the matter, as they are not civil courts but are nevertheless barred from interfering with SARFAESI Act proceedings.

The court analyzed various precedents to delineate the limits of consumer fora jurisdiction, particularly highlighting that consumer fora cannot entertain complaints that are sub judice before civil courts or specialized tribunals. It noted that the Consumer Protection Act operates in addition to, but does not override, other specific statutes that confer exclusive jurisdiction on other forums.

Further, the court rejected the respondent’s reliance on consumer forum orders which had held concurrent jurisdiction, underscoring that such views contradict the clear statutory bar in the SARFAESI Act. The court reiterated that consumer fora and State Commissions must adhere to this Commission’s consistent rulings and cannot disregard them based on their own views.

Ultimately, the court found the appeal by the bank meritless at the State Commission level but accepted the revision petition before this Commission, quashing the proceedings pending before the District Forum on the ground of lack of jurisdiction.

Holding and Implications

The revision petition is accepted and the complaint pending before the District Forum is dismissed.

The order passed by the Consumer Forum on 24.07.2011 is confirmed, and the appeal before the State Commission is dismissed. The cost of the appeal is to be borne by the petitioner bank.

This decision clarifies that consumer fora and State Commissions do not have jurisdiction to entertain complaints or appeals in matters falling under the SARFAESI Act where Debt Recovery Tribunals have exclusive jurisdiction. It reinforces the statutory bar under Section 34 of the SARFAESI Act and mandates adherence to this Commission’s prior rulings, thereby preventing inconsistent jurisdictional claims by consumer fora.

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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

NEW DELHI

REVISION PETITION NO. 721 OF 2013

(Against the Order dated 26/11/2012 in Appeal No. 201/2012 of the State Commission Uttar Pradesh)

WITH

IA/1315/2013

1. STANDARD CHARTERED BANK

THROUGH ITS AUTHORIZED OFFICER, MR. AJAY

RANA, 10 PARLIAMENT STREET,

NEW DELHI - 110001 ...........Petitioner(s) Versus

1. VIRENDRA RAI

S/O LATE SH.PALTU RAI, R/O 3/83 SANJAY GANDHI

NAGAR , P.N ROAD, TEHSIL

LUCKNOW

U.P ...........Respondent(s)

BEFORE:

HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner : MR. SANJEEV SAGAR, ADVOCATE For the Respondent : N E M O

Dated : 01 Apr 2013

ORDER

JUSTICE J.M. MALIK 1. The Civil Court or any other authority can not arrogate to itself the right to make decisions or interfere with the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short ARFAESI Act. Here lies the rub in Section 34 of SARFAESI Act which reads as follows:- 4. Civil court not to have jurisdiction. No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which a Debts Recovery Tribunal or the Appellate Tribunal is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken in pursuance of any power conferred by or under this Act or under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993) 2. The State Commission, Lucknow, presided over by S/Sh. Rampal Singh, Presiding Member and Jugal Kishore, Member, passed the following order:- The petitioner states that in order dated 24.07.2011 the Consumer Forum has ordered the petitioner bank that during the pendency of this case, the petitioner shall not take possession of property of complainant bearing No.Plot No.14, Gaurbhith, Fazulahganj, Lucknow. The Consumer Forum has also given next date as 25.08.2012 for further proceedings. The petitioner has prayed before this Forum for setting aside of order dated 24.07.2012 by this Forum. Further, after the passing of the date fixed by the Consumer Forum, i.e. 25.08.2012, the petitioner has not informed us about the orders passed by the Consumer Forum. After hearing the counsel for petitioner in detail, it is found that the appeal of the petitioner is merit-less and hence liable to be dismissed.

ORDER Present appeal does not have any force and hence is dismissed. The order passed by the Consumer Forum dated 24.07.2011 in case No. 780/11 is hereby confirmed. The cost of this appeal shall be borne by the petitioner himself. The certified copy of the order be supplied accordingly to rules 3. We have also seen the order passed by the District Forum-II, Lucknow, which has observed as under :- The complainant on the other hand objected to objection of respondent and stated that this Forum has jurisdiction to hear the present case. From their side an order passed by Honle State Consumer Disputes Redressal Forum, U.P. in appeal No.694/09 titled aya Prasad Vs. GIC Housing Finance Limited and order dated 01.05.09 has been relied upon, we have gone through the said order from which it is clear that only the Civil Court has been barred from hearing and thus only civil court does not have jurisdiction to hear the present case and not the consumer fourm. Into this order, the Honle State Consumer Forum, U.P. has also mentioned Section 3 of the Consumer Protection Act, 1986, wherein it has been specifically stated that the provisions of this Act shall be in addition to and not in derogation of provisions of any other law for the time being in force. Referring to this provision, the Honle State Consumer Forum, U.P. has stated that the powers given to the Consumer Court are not in derogation of the provisions of SARFAESI Act. Honle State Consumer Forum, U.P. and its order in case titled ishori Lal Vs. ESI Corporation has stated clearly that the Consumer Forum has the jurisdiction to hear such cases and section 34 of the SARFAESI Act does not bar the said jurisdiction and in such circumstances, the objection of respondent bank does not have any force 4. Counsel for the petitioner present. Respondent has not appeared. However, his written submissions have been placed on record. We have gone through the same. Instead of touching the heart of the problem, the complainant has just skirted it. He has countenanced the deficiency on the part of the Bank. He has not spoken about the jurisdiction of this case. 5. The learned counsel for the petitioner vehemently argued that the Bank had cited before the State Commission, the order passed by this Bench, titled as ank of Baroda Vs. M/s. Geeta Foods decided on 08.11.2012 (RP No. 3499 of 2012). The counsel for the petitioner alleges that this order was not discussed by the State Commission. He contended that the State Commission should have mustered the courage to mention about this order which otherwise tantamounts to Contempt of Court. 6. We have already held that as per Section 34 of the SARFAESI Act, 2002, the District Forum or the State Commission have no power to interfere with the SARFAESI Act. The District Forum and State Commission are under the misconception that the Consumer Court is not a civil court. In Patel Roadways Vs. Birla Yamaha Limited, 2000

(4) SCC 91, AIR 2000 SC 461, the Honle Apex court has held : he contention that the use of the term uitin Section 9 of the Carriers Act shows that the provision is applicable only to the cases filed in a civil Court and does not extend to proceedings before the National Commission which is a forum to decide complaints by Consumers following a summary procedure cannot be accepted. The term uitis a generic term taking within its sweeps all proceedings, initiated by, a party for realization of a right vested in him under law. The meaning of the term uitalso depends on the context of its use which in turn, amongst other things, depends on the Act or the rule in which it is used. No doubt the proceeding before a National Commission is ordinarily a summary proceeding and in an appropriate case where the Commission feels that the issues raised by the parties are too contentious to be decided in a summary proceeding it may refer the parties to a civil Court. That does not mean that the proceeding before the Commission is to be decided ignoring the express statutory provisions of the Carriers Act (Section 8) in a proceeding in which a claim is made against a common carrier as defined in the said Act. Accepting such a contention would defeat the object and purpose for which the Consumer Protection Act was enacted. A proceeding before the National Commission comes

within the term uit 7. In S.James Vincent Vs. Greater Cochin Development Authority, 1994 (1) CPJ 174 (NC), this Commission held that complaint filed by the complainant suppressing the fact that the matter was already sub judice in the Sub-Court, Ernakulam, was dismissed by the State Commission as the case was already sub judice before a Civil Court. In appeal, the National Commission upheld the order of the State Commission holding that the complaint was gross abuse of the Consumer Protection Act 8. In Oswal Fine Arts Vs. H.M.T., 1991 CPC 43: (1991) 1 CPJ 330: 1991 (1) CPR 386 (NC), this Commission upheld the important principle that when a matter is sub judice before the ordinary Civil Courts of the land, the Consumer Commission cannot and will not entertain any claim for compensation in respect of the same subject matter. 9. It must be borne in mind that under Section 6 of the Indian Post Office Act, the Consumer Fora have got limited jurisdiction. 10. Again, in Southern Railways Vs. M.Chidambaram, 2002 (1) CPJ 34: (2002) 1 CPJ 342 (NC), it was held that since it was not disputed that untoward incident as mentioned in Section 124-A of the Act has occurred the proper forum of adjudication would only be before the Railway Claim Tribunal under Section 15 of the Railway Claims Tribunal Act, 1987. The consumer court had no jurisdiction in this respect. 11. The consumer court cannot deal with the directions given to a Company declared ickby BIFR. 12. In Dinesh Kumar Vs. Railway Station Master, Raipur Station, IV (2004) CPJ 136 (Chhattisgarh), it was held that as Section 15 of the Railways Act, clearly bars jurisdiction of any other Court authority, consequently, remedy under Consumer Protection Act, 1986 stands barred and was not available to the complainant. 13. Last, but not the least, this Commission clearly, specifically and unequivocally held in Traxpo Trading Co. Vs. The Federal Bank Ltd, I (2002) CPJ 31 (NC) that under Section 18 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, jurisdiction of this Commission has been barred, where the Bank has filed uit for recovery before DRT. 14. Under these circumstances, the proceedings pending before the District Forum are hereby quashed and the revision petition is accepted. The complaint is dismissed. Copy of this order be sent to the State Commission and District Forum to follow the order passed by this Commission, time and again, without caring whatever their personal views are.

......................J

J.M. MALIK

PRESIDING MEMBER

......................

VINAY KUMAR

MEMBER