Date of Filing : 29.03.2019
Date of Disposal : 24.06.2021
BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)
DATED THIS THE 24th DAY OF JUNE-2021
PRESENT
Mr. KRISHNAMURTHY.B.SANGANNANAVAR : JUDICIAL MEMBER
Mrs M.DIVYASHREE : LADY MEMBER
APPEAL NO.619/2019
Manigere Primary Agriculture
Co-Operative Society,
Kadanapuradadoddi, C.A.Kere
Hobli, Maddur Taluk, Mandya
District-571 428.
Rep/by Chief Executive Officer.… Appellant
(By Sri/Smt. K.L.Srinivas, Advocate)
Sri. B.Siddaiah,
S/o Boregowda @
Bora @ Kundaiah,
Aged about 66 years,
Mellahally Village,
Bharathinagara Post,
C.A.Kere Hobli,
Maddur Taluk,
Mandya District-571 428.
..Respondent
(By Sri/Smt. B.K.Chandrashekar, Advocate)
O R D E R
Mr. KRISHNAMURTHY.B.SANGANNANAVAR : JUDICIAL MEMBER
1. This is an Appeal filed u/s 15 of C.P Act, 1986 by OP, in CC-No.262/2016 on the file of District Consumer Disputes Redressal Forum, Mandya aggrieved by the order dated 10.01.2019 (hereinafter referred to as District Commission).
2. The brief facts are:
The complainant availed salary related security loan of Rs.1,34,500/- from the OP-Society on 09.05.2006, for which his Son stood as a surety.The loan availed was required to be repaid along with interest @ 22% in 40 monthly instalments.The loan amount was repaying by complainant being deducted from his salary through his S.B. Account bearing No.1208 at DCC Bank.Further, complainant availed a loan of Rs.3,00,000/- on 30.10.2006 executing sale agreement of his house, for which his Wife and Son stood as sureties.It was a mortgage loan.As the complainant failed to discharge the said loan, the Society instituted a suit in O.S.No.305/2009 on the file of Principal Civil Judge Maddur, which came to be decreed by its Judgment and Decree dated 03.12.2011.However the said case came to be settled by entering a compromise in R.S.A.No.1562/2014 by the Hon’ble High Court on 06.01.2016.However on 05.11.2016 the complainant filed a consumer complaint contending that D.C.C Bank had deducted Rs.5,000/- from his salary from 04.11.2006 to 16.05.2011 and remitted such amount to the OP-Society, besides society received Rs.24,999/- from the LIC towards the policy of the complainant.But, the society failed to credit Rs.3,14,999/- to the account of complainant.Hence, he was forced to pay a sum of Rs.8,06,331/- to the Society.In this regard, he sought for refund of Rs.3,11,499/- along with interest from the society.Since, the society could not able to appear and contest the case before the Commission below, passed an Ex-parte order dated 30.08.2017 allowing the complaint, which was up held in Appeal No.2381/2017 before the State Commission.The State Commission on 07.06.2018 allowed the appeal, setting aside the order dated 30.08.2017 passed in CC-No.262/2016 directing Commission below to consider the case afresh by giving opportunity to both parties and after remand the Commission below, without considering the case of appellant/society, had once again passed the same order on 10.01.2019, which is now in appeal on the grounds that, the Commission below has failed to appreciate the facts that complainant has secured two loans from society are not appreciated, resulting thereby passing impugned order contrary to facts and law is liable to be set aside.
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6. Send a copy of this Order to the District Commission and parties to the appeal.
Lady Member Judicial Member
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