Dtd.11.03.2024                                            A/1585/2018

O R D E R

        BY Mr.K.B.SANGANNANAVAR : Pri.Dist & Session Judge (R) - JUDICIAL MEMBER.

1.    This is an appeal filed U/s.15 of CPA 1986 by OP.1/Appellant aggrieved by the order dtd.24.08.2018 passed in CC/177/2017 on the file of Mysuru District Forum. (Parties to the appeal henceforth are referred to their rank assigned to them by the District Commission).

2. The Commission examined grounds of appeal, impugned order, appeal papers and heard.

3. It is found from the impugned order, the Complainant was one of the share holder of OP.1 society. He applied for sanction of loan and as directed by OP.1 submitted loan documents which were registered on 13.03.2017. As against the sanction of Rs.1 lakh, OP.1 disbursed a sum of Rs.76,000/- on 04.07.2017. It is therefore, Complainant alleged OP.1 rendered deficiency in service, while disbursing Rs.76,000/- as against Rs.1 lakh. The District Forum held OP.1 rendered deficiency in service, directed to pay compensation of Rs.5,000/- for rendering deficiency in service and Rs.3,000/- for the mental agony, hardship caused and Rs.2,000/- as cost of litigation within 60 days, failing which, amount shall carry interest at 10% p.a. It is this order being assailed in this appeal, contending, District Forum, without recording sound reasons held OP.1 rendered deficiency in service. Learned counsel submits, Govt., has introduced a scheme only for benefit of farmers. When the loan sanctioned in favour of the Complainant at Rs.76,000/- as against Rs.1 lakh could not be said rendering deficiency in service or amounts to unfair trade practice and submits as Appellant society clarified sanction of loan is the prerogative right of OP.2/MDCC bank which was not considered by the District Forum has some considerable force. Hence the impugned order passed by the District Forum has to be held contrary to the facts and law is liable to be set aside. Accordingly proceed to allow the appeal. Consequently set aside the order dtd.24.08.2018 passed in CC/177/2017 by Mysuru District Forum and as a result dismissed CC/177/2017 with no order as to cost.

4. The amount in deposit is directed to be refund to the Appellant with proper identification by their advocate.  

5. Notify copy of this Order to the District Commission and parties.

                                       Judicial Member               

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