Karnataka

StateCommission

A/2027/2018

T.V.Nanjegowda - Complainant(s)

Versus

Kotak Mahindra Prime Ltd. - Opp.Party(s)

I.P.(T.V.Nanjegowda)

08 Apr 2022

ORDER

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE

 

DATED THIS THE 08^TH DAY OF APRIL 2022

 

PRESENT

 

HON’BLE Mr. JUSTICE HULUVADI G. RAMESH    : PRESIDENT

MR. K. B. SANGANNAVAR                                : JUDICIAL MEMBER

MRS. DIVYASHREE M.                                     : MEMBER

Appeal No. 2027/2018

 

T.V. Nanjegowda No.168, Ganga Nilaya Pillappa Compound, Shivashankar Block, Hebbal, Bengaluru-560024 (By In-person) V/s	……Appellant
Kotak Mahindra Prime Ltd. No.20, Uniworth Plaza, Sankey Road, Palace Guttahalli, Bengaluru-560020 (By Sri. Umesh C.	…Respondent

O R D E R

BY HON’BLE Mr. JUSTICE HULUVADI G. RAMESH, PRESIDENT

This is an appeal filed against the order dated 19.09.2018 passed in C.C.No.1681/2015 on the file of IV Additional District Consumer Disputes Redressal Forum, Bangalore.

2. Alleging deficiency in service on the part of the Op in collecting excess amount by wrongly calculating EMI at Rs.9,215/- instead of Rs.8,696/- towards purchase of Maruthi Swift VDI car complaint is lodged.  District Forum dismissed the complaint as not maintainable.
3. Being aggrieved by the said order complainant is in appeal.
4. Heard the counsel for both parties.  On the ground of limitation counsel for bank argued that rightly case has been dismissed by the District Forum. Counsel for appellant/ complainant submits that entire amount has been paid from time to time.  On the ground that there is arbitration clause, complaint was dismissed by the District Forum, but fails to consider despite arbitration clause complaint is maintainable before the District Forum on proof of deficiency in service.  In such view appeal is allowed and the impugned order is set aside.  Matter is remanded to the District Forum to hear on all the issues affording opportunity to both parties afresh and dispose of the matter in accordance with law within three months from the date of receipt of the order.

         

MEMBER                   JUDICIAL MEMBER          PRESIDENT

 

CV*