ORAL

 STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                              UTTAR PRADESH, LUCKNOW

                                 APPEAL NO. 816 OF 2019

      (Against the order dated 30-05-2019 in Complaint Case No.343/2005

                              of the District Consumer Commission, Bulandshahr)

          Bank of Baroda

          Through its Branch Manager

          Civil Lines, Bulandshahr

                                                                                           ...Appellant

                                                     Vs.

1. Dr. Vijendra Singh Yadav
2. Dr. Dharmendra Singh Yadav
3. Dr. Smt. Rachna Vijen

W/o Dr. Vijendra Singh Yadav

R/o Subham Nursing Home

D. M. Road, Bulandshahr

                                                                                          ...Respondents

BEFORE:

HON'BLE MR. JUSTICE ASHOK KUMAR, PRESIDENT

For the Appellant        :  None appeared.

For the Respondent     :  None appeared

Dated : 15-03-2023

                                            JUDGMENT

           MR. JUSTICE ASHOK KUMAR, PRESIDENT

The case is called out. Like previous dates Counsel for the appellant is not present.

No  one put appearance on behalf of the opposite parties.

The appeal is pending since last more than four years. The appeal is filed against the judgment and order passed by the District Consumer Commission, Bulandshahr in Complaint Case No. 343/2005 by which the learned District Consumer Commission has allowed the complaint in part and directed the opposite party/appellant to pay a sum of Rs.73,800/- to the complainant within 30 days and interest at the rate of 06% per annum on the aforesaid amount from the date of presentation of the complaint i.e. 05-09-2005 till the date of payment shall also be paid to the complainant.         Apart from that the opposite party shall also pay to the complainant

:2:

 a sum of Rs.2,000/- as damages and Rs.2,000/- as cost of the case.

I have gone through the judgment and order passed by the learned District Consumer Commission and also perused the documents available on record.

The learned District Consumer Commission while deciding the complaint has considered the entire material adduced by either of the parties and came to the conclusion that the loan taken by the complainant has been repaid to the bank well in time then there was no question for payment of premature charges as claimed by the bank.

In view of the aforesaid, I find no error or illegality in the impugned judgment and order of the District Consumer Commission. The appeal is liable to be dismissed.

                                     ORDER

The appeal is dismissed. The judgment and order of the District Consumer Commission is confirmed.  The compliance has to be made by the bank/appellant within 30 days from today.

Let copy of this order be made available to the parties as per rules.

The Stenographer is requested to upload this order on the website of this Commission at the earliest.

Rs.25,000/- deposited by the appellant under Section-15 of the Consumer Protection Act 1986 in this appeal shall be remitted to the District Consumer Forum alongwith interest accrued if any who shall pass appropriate order in accordance with law.

                     ( JUSTICE ASHOK KUMAR )                     

                                    PRESIDENT                                                

            Pnt.