Rajasthan High Court
State Bank Of India vs Shri Narsingh N Chawda Son Of Shri ... on 19 February, 2021
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 5070/2020
1. State Bank Of India, Through Chief Manager, Unit 401
And 402, Fourth Floor, Aggrawal Millennium Tower, E-1, 2,
3, Netaji Subhash Place, Wazirpur, New Delhi (Registered
Office).
2. S.b.i. Card And Payment Service Pvt. Ltd., Through
Manager, Dlf Infinity Towers, Tower C, 12Th Floor, Block-
2, Building 03, Dlf Cyber City, Gurgaon (Haryana).
----Petitioners
Versus
1. Shri Narsingh N Chawda Son Of Shri Narayan Bhai
Chawda, Aged About 55 Years, Resident Of C-2, 402,
Kamal Apartment, Near Ram Mandir, Banipark, Jaipur.
2. State Bank Of India, Regional Office, Govind Marg,
Rajapark, Adarsh Nagar, Jaipur Through Regional
Manager, New Address - Regional Manager, Regional
Business Office-02, Sbi Administrative Ofice, A-5, Nehru
Palace, Tonk Road, Jaipur.
----Respondents
For Petitioner(s) : Mr. Alok Garg, Adv. with
Ms. Khushboo Dadheech, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
19/02/2021
Learned counsel for the petitioner submitted that the
impugned award has been passed by the Permanent Lok Adalat
exercising its power under Section 22(C) of the Legal Services
Authorities Act, 1987.
Learned counsel submitted that the application under Section
22(C) could not have been entertained by the Lok Adalat as the
(2 of 3) [CW-5070/2020]
definition of "Public Utility Service" as provided under Section 22A,
did not include banking and financial institutions services.
Learned counsel submitted that the power has been given to
declare any service as "public utility service" which the Central
Government or the State Government may in the public interest
declare by gazette notification to be a public utility service.
Learned counsel submitted that the State Bank of India is a
nationalized bank and does not come under control of State
Government but the notification by the Law and Legal Affairs
Department, Government of Rajasthan, dated 29.12.2014 has
declared banking and financial institution services as public utility
services for the purpose of Chapter VI-A of the Legal Services
Authorities Act, 1987.
Learned counsel submitted that the said notification may be
applied to the banking and financial institution services, which are
controlled by the State Authorities of Rajasthan, however, the
competent authority, to issue notification under Section 22(A) for
State Bank of India, can be Central Government alone.
Learned counsel further submitted that the Central
Government has also issued notification from time to time and
Ministry of Law and Justice, Department of Justice, has issued
Gazette Notification dated 16.02.2016 where Education or
Educational Institutions and Housing and Real Estate Service have
been included as public utility services, however, no notification
has been issued by the Central Government in respect of banking
and financial institution services.
Learned counsel also placed reliance on a judgment passed
by Karnataka Circuit Bench at Gulbarga in S.B. Writ Petition
No.84754-755/2010 decided vide order dated 13.02.2013.
(3 of 3) [CW-5070/2020]
Learned counsel submitted that the complainant, if had any
grievance, could have resorted to any remedy provided under law
like by filing complaint under Consumer Protection Act or any
other remedy, but no remedy was available to the complainant
under the Legal Services Authority Act, 1987.
The matter requires consideration.
Issue notice of the writ petition as well as stay application,
returnable on 22.03.2021.
List the matter alongwith S.B. Civil Writ Petition
No.5258/2020.
Till the next date, effect and operation of order dated
04.02.2020 shall remain stayed.
(ASHOK KUMAR GAUR),J
Ramesh Vaishnav /86/Sakshi
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