-:: ORAL JUDGMENT ::-

1.       This appeal is an exception to the judgment and order dated 06.09.2012 passed by District Consumer Forum, Aurangabad in consumer complaint No.903/2011 partly allowing the complaint directing the opponets/respondents to pay to the complainant Rs.15,000/- and Rs.3000/- more towards cost of the proceeding. (for the sake of bravity the appellant hereinafter is referred as "complainant" and the respondent as "opponent Finance Company")

2.       We heard the complainant who is appearing in person and Shri. U. N. Shete, learned counsel appearing for the respondent and considering the fact of the case we have decided to dispose of the appela at the stage of hearing on admission.

3.       Brief facts in the appeal are that, the complainant Gautam Suryavanshi has obtained house loan of Rs.3,00,000/- from the respondent finance company. In the month of Oct.2004 it was agreed to repay the loan with interest by monthly installment of Rs. 2417/- and executed deed of agreement. At the same time the opponent finance company obtained 36 cheques from the complainant. It is alleged by the complainant that as per agreement he has repaid the entire loan amount and no dues were outstanding against his loan account. However opponent finance company did not return of blank cheques which were with it, and lastly presented those cheques for clearance in ADCC Bank. However as the complainant has already heared the dues he gave intimation to the bank to stop payment. It is also alleged that though the complainant had cleared all the dues, the opponent finance company has filed complaint against him alleging that these cheques were presented for clearance in the bgank were bounced etc. Thus according to complainant he was harrassed by the opponent finanance company cuasing lmental and physical torture and thereby committed deficiency in service.Therefore he made consumer complaint claiming refund of excess amoaunt paid by him to the opponent finanace company and further claiming compensation of Rs.3,50,000/- for causing mental and physical harrassment and also for causing loss complaining him to obtain housing loan formthe finanance company etc.

4.       The opponents finance company by its wrtitten version resisted the complaint. It is not disputed that the complainant had borrowed housing loan form it and also repaid it and no dues were outstanding to his account. It is alleged that the complainant had committed default in payment of monthly installment and the cheuqes which were presented were bounced and therefore the finance company was compelled to file the complaint against complainant etc. It is denied the averment made by the complainant and submitted to dismiss the complaint. 

5.       On hearing both the sides and considering documents on record the District Consumer Forum held that the opponent finance company committed deficiency in service by presending the cheques for clearance in ADCC Bank even though the complainant had cleared all the dues. Keeping with these findings the District Consumer Forum partly allowed the complaint directing the opponent finance company to pay compensation and cost of the complaint as noted above.

6.      Not being satisfied the said judgment and order the complainant has preferred this appeal.

8.       It is submitted by the complainant that though his complaint was partly allowed by the District Consumer Forum, he is not satisfied with the same order as according to him District Consumer Forum not allowed the claim for excess amount of Rs.38,500/- paid by him to the opponent finance company. He is also submitted that District Consumer Forum has not granted adequate compensation though it is held that he was harrassed by the finance company etc. To which it is denined by Adv. Shri. U. N. Shete for opponent finance company and submitted that considering the facts of the case the District Consumer Forum held that clearance of refund of amount and compensation is not maintainable as there is no evedence on record about payment of excess amount etc.

9.       On perusal of the copy of impugned judgment and order it reflects that District Consumer Forum has rightly held that in the absence of the extract of account and other documents on record it is difficult to .....that excess amount is paid by the complainant. The record also does not reflects in evidence to the effect that the complainant has paid any excess amount to the opponent finance company. Therefore considering facts of the case and evidence on record in our view the District Consumer Forum has righlty granted adequeate compensation rejecting the claim of othe complainant for refund of amount Rs.28,500/-. We find no glaring error or informity in the order. Hence no intereference is warranted.

10.       In the result the appeal is being devoid of nay merit it liable to be dismissed summarily.

ORDER

1.       The appeal is summarily dismissed.

2.       No order as to cost.