ORAL

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Appeal No. 1935 of 2015

Rajendra Mishra s/o Late Yamuna Mishra,

R/o Vill. Bisunpur urf Mahrajganj, Post

Mahrajganj, District, Azamgarh U.P.                   ...Appellant.

Versus

Union Bank of India through Branch Manager,

Kaptan Ganj Branch, District, Azamgarh.       …Respondent.

Present:-

1- Hon’ble Sri Sushil Kumar, Presiding Member.

2- Hon’ble Sri Vikas Saxena, Member.

Sri A.K. Mishra, Advocate for appellant.

Sri Rajesh Chaddha, Advocate for the respondent.

Date 30.11.2022

JUDGMENT

Per Sri Sushil Kumar,  Member- This appeal has been directed against the judgment and order dated 8.5.2015 passed by the ld. District Forum, Azamgarh in complaint case no.124 of 2010, Rajendra Mishra vs. Union Bank of India, whereby the ld. District Forum, Allahabad dismissed the complaint on the ground that the complainant failed to prove his case and the ld. District Forum has no power to scrutinize the rate of interest imposed by the bank.

          The impugned order has been challenged on the ground that the ld. District Forum committed mistake while passing the judgment without examining the evidence, circumstances and record. As per statement of loan account on 1.1.2008 only Rs.70,559.00 was due against the appellant. The respondent illegally imposed Rs.30,654.00 as interest on advance and Rs.19,195.00 as penal interest on 31.3.2008. The appellant deposited Rs.17,000.00 on 31.3.2007 which was not adjusted. The respondent bank itself admitted its mistake by its letter dated 26.2.2010 and assured to rectify the mistake but it was never done by the respondent bank.

          We have heard the ld. Counsel for both the parties and perused the impugned judgment and order.

(2)

          As per allegation of the complainant, there is dispute regarding imposition of interest and penal interest and correction of loan account statement. These facts cannot be ascertained by the Consumer Fora in summary proceedings. Therefore, judgment passed by the ld. District Forum is perfect and according to provision of law. No interference is required. Hence, appeal deserves to be dismissed.

ORDER

          Appeal is dismissed. Although the appellant at liberty to file civil suit for claiming the correct statement of account from the respondent bank, if so advised.  

          The stenographer is requested to upload this order on the Website of this Commission today itself. 

          Certified copy of this judgment be provided to the parties as per rules.       

        (Vikas Saxena)                                (Sushil Kumar)

              Member                                  Presiding Member

Judgment dated/typed signed by us and pronounced in the open court.

Consign to record.

        (Vikas Saxena)                                (Sushil Kumar)

              Member                                  Presiding Member

Jafr, PA I

Court 2