Karnataka

StateCommission

A/225/2018

Corporation Bank - Complainant(s)

Versus

Yellappa - Opp.Party(s)

K.Vishwanatha Shetty

27 Jan 2022

ORDER

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE

 

DATED THIS THE 27^TH DAY OF JANUARY 2022

 

PRESENT

 

MR.K.B.SANGANNAVAR                                   : JUDICIAL MEMBER

MRS.DIVYASHREEM.                                       : MEMBER

 

Appeal No. 225/2018

 

Corporation Bank Afzalpur Branch Taluk, Kalaburgi Dist. Rep. by its Manager, Sri. Rajkumar   (By K. Vishwanath Shetty)	……Appellant
Yellappa @ Yallaling S/o. Basanna Jamadar R/o. House No.539, Mallabad Afzalpur, Dist. Kalaburgi	..…Respondent

O R D E R

 

BY MR.K.B.SANGANNAVAR, JUDICIAL MEMBER

This is an appeal filed by OP under Section 15 of Consumer Protection Act, 1986 aggrieved by the impugned order dated 10.01.2018 passed in C.C.No.108/2016 on the file of District Consumer Disputes Redressal Forum, Kalburgi.

2. The Commission heard Learned Counsel for appellant / OP.  None appears for the respondent. We examined the impugned order, grounds set out in the appeal memo proceed to decide on the appeal.
3.  Now we have to examine whether impugned order passed by the District Forum could be justified or does it call for any interference ?
4. Learned Counsel for appellant would submit that Ex.R6 letter dated 06.08.2016 addressed by complainant to OP bank was not rightly perceived by the District Forum  resulting thereby passing of impugned order which is contrary to facts and law is liable to be set aside.
5. Learned Counsel would submit that writing of such letter is for the reasons best known to complainant and the appellant/ OP bank never committed any amount of deficiency in rendering service and would submit  the complaint itself is not maintainable for suppressing of material facts.  It is to be noted herein that complainant as an unemployed person with an intention to take financial assistance under various Government schemes submitted application before Joint Director of District Industries Center, Kalaburagi for the year 2015-16 under CMEGP Scheme for getting loan could have also persuaded to set up his unit proposed to the DLTFC.  Yet addressed a letter as per Ex.R6, which in our view not properly examined by the Commission below.  In such view of the matter we are of the view that the said issue being vital requires reconsideration and the matter required to be remand back to the Commission below to re-examine the complaint afresh affording opportunity to both parties and to decide within three months from the date of receipt of this order. 
6. Accordingly, appeal is allowed. Consequently, impugned order is set aside.  Office is directed to intimate the Commission below to decide the matter as ordered.
7. The amount in deposit is directed to be transferred to the commission below for needful.

 

Sd/-

Judicial Member

Sd/-

Member