STATE CONSUMER DISPUTES REDRESSAL COMMISSION
BIHAR, PATNA
Appeal No.324 of 2018
Prabhat Kumar, Son of Kailash Prasad Jaiswal, resident of Maal Godown Road, ward No.4 Khagaria, P.O. and P.S. and District- Khagaria.
…... Appellant
Versus
- The Branch Manager, U.C.O Bank Station Road Khagaria, P.O. & P.O. and District Khagaria-851204.
- The District Certificate Officer, Collectoriate, Khagaria- 851204.
….. Respondents
Before,
Hon’ble Mr. Justice S. Kumar President
Md. Shamim Akhtar, Member
ORDER
Per: Mr. Justice S.Kumar, President
Dated-06.07.2023
Learned counsel Mr. Nisar Ahmad appears on behalf of the appellant.
Learned counsel Mr. Manish Kumar appears on behalf of the respondent no.1 and Learned counsel Mr. Anjani Kumar Mishra appears on behalf of the respondent no.2.
Heard,
1. Present appeal has been filed by appellant/complainant for setting aside the order dated 02.02.2018 passed in complaint case no.40/2016 as well as order dated 25.07.2018 passed in complaint case no. 43/2018 passed by District Consumer Forum, Khagaria whereby and where under the complaint case of complainant has been dismissed.
2. Briefly stated the facts of this case is that complainant Prabhat Kumar Singh had obtained loan on 31.12.2011 of Rs.3,00,000/- for business of sale of readymade garments. It is alleged that opposite party no.1 Branch Manager, Uco Bank Station Road, Khagaria keeping complainant in Dark fixed deposited Rs. 1, 25000/- (one lacs twenty five thousand only) and released only Rs.1,50,000/- (one lacs fifty thousand only) in his loan account. Rs.25,000/- ( Twenty five thousand only) was shown as Misc. expenses. It is further alleged that Rs.3,00,000/- ( Three lacs only) was never deposited in his loan account as such he suffered loss of Rs.5,00,000/- (five lacs only) in business of sale of ready made garments. It is further stated that Opposite party no.1 got instituted a recovery case under PDR Act against Complainant in the court of Opposite party no.2 being certificate case no.8/2015 -16 for realization / debt amount of Rs.2,022,15/-.
3. Complainant was granted loan in the year 2012 for which loan account was opened on 17.03.2012 from which several transaction have been made, however complaint case was filed in 2016 and same was time barred. Complaint case was filed when notices were issued by certificate officer in certificate case no.08/2015-16 for realization of public debt of Rs.2,02,212/-. Complaint case was dismissed for default on 02.02.2018 and thereafter complaint case no.43/2018 was filed for same cause of action which was dismissed at admission stage itself.
4. Certificate Proceedings are independent proceeding under taken under PDR Act for realization of public debt in which certificate officer discharges his statutory function as quasijudicial Authority and cannot be arrayed as party respondent in complaint case. PDR Act is a self contained code where complainant can file his objection u/s 9 of PDR Act. against the certificate amount.
5. Appeal is devoid any merit and is accordingly dismissed.
(Md. Shamim Akhtar) (S. Kumar,J)
Member President
Mukund
