Per Mr S M Shembole, Hon’ble Presiding Judicial Member
1. This is an appeal against the order dtd.31.03.2009 passed by the District Consumer Forum, Washim rejecting the appellant’s claim in fixing instalment for the amount as found due against the appellant by the Forum vide judgement and order dtd.29.12.2007 passed in CC No.121/07.
2. We heard Ld. Counsel for both the sides and perused the appeal memo as well as copy of impugned order. Impugned order reflects that the complainant claimed for fixing the instalment and same is rejected by the Forum on the ground that the Forum has no jurisdiction to fix instalment as prayed.
3. Mr Dhole, Ld. Counsel appearing for the appellant submitted that though the Forum directed the appellant to pay the amount due with interest @ 8.5% p.a. to respondent bank as against the charged interest @ 11%, etc., the respondent Bank is not giving statement of Loan Account of the appellant.
4. As against the submission of Mr Dhole, Ld. Counsel for the appellant, Mr B Lahiri appearing for the respondents submitted that as per the direction of the Forum respondent bank has charged interest @ 8.5% p.a. and accordingly, issued notice dtd.29.12.2008 to the appellant but appellant is not ready to pay the amount found due. He has also produced copy of notice on record, which reflects that the respondent bank has charged the interest as per direction of the Forum. Hence, we find no force in submission of Adv.Mr Dhole for the appellant.
5. Further Adv. Dhole for the appellant could not point out any provision under CPA to show that the Forum has jurisdiction to fix or grant instalments, etc. Therefore, the appeal is being devoid of any merit, deserves to be dismissed summarily.
Hence, the order:-
ORDER
1. Appeal is dismissed summarily.
2. No order as to cost.
3. Copy of this order be supplied to the parties.
Pronounced on 16.08.2011.
sj
