STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

First Appeal No.    757 of 2016

Date of Institution:  17.08.2016

Date of Decision:    09.05.2018

1.      Managing Director, Haryana Financial Corporation, SCO 17-19, Sector 17-A, Chandigarh.

2.      Haryana Financial Corporation, Vijay Nagar, Bhiwani, now shifted at 54-A, Inderprastha Colony, Hisar, through its Branch Manager.

…..Appellants-Opposite Parties

Versus

M/s. Goyal Udyog, through Aditya Goyal, Director Aditya Filaments Private Limited, Plot No.1, Sector 21, Industrial Area, Bhiwani.

  …..Respondent-Complainant

CORAM:   Mr. R.K. Bishnoi, Judicial Member.

                   Mrs. Urvashi Agnihotri, Member.

Present:     Shri Sikander Bakshi, Advocate for appellants.

                   Shri Manoj Chahal, Advocate for respondent.

O R D E R

R.K. BISHNOI, JUDICIAL MEMBER

          It was alleged by complainant that he obtained loan of Rs.14,54,000/- from opposite parties (in short ‘OPs’) in the month of September, 1995, which was repaid in time, but, OPs did not issue no objection certificate and that is why, complaint was filed in the year 1998, which was allowed on 10.07.2002. OPs preferred an appeal against that order, which was dismissed on 30.07.2009, but, in between, it was forced to deposit Rs.63,223/- to obtain no objection certificate. The said amount was deposited under protest. After dismissal of appeal, OPs were requested to refund that amount, but, to no use. Hence, this complaint.

2.      In reply, it was alleged by OPs that aforesaid amount was charged from complainant as loading charges alongwith interest, issuance of clearance certificate and return of all documents. Complainant was liable to pay loading charges etc. before obtaining no objection certificate. So complaint was not maintainable and same be dismissed.  

3.      After hearing both the parties, learned District Consumer Disputes Redressal Forum, Bhiwani (in short ‘District Forum’) allowed complaint vide impugned order dated 26.05.2016 and directed as under:

“…Ops to pay Rs.63,223/- alongwith interest at the rate of 9 per cent per annum from the date of deposit till the date of payment and also to pay Rs.2500/- as litigation cost to the complainant.”

4.      Feeling aggrieved therefrom, OPs have preferred this appeal.

5.      Arguments heard. File perused.

6.      The averments raised by OPs/appellants in the present litigation were also raised in the previous complaint, which were not accepted by learned District Forum and this Commission. Vide order dated 10.07.2002, learned District Forum, directed OPs to issue no objection certificate and pay compensation of Rs.2,000/-. It was nowhere mentioned therein that complainant was liable to pay any amount. The said order was upheld by this Commission while deciding first appeal No.1890 of 2002 vide order dated 30.07.2009. It was nowhere mentioned by this Commission also that complainant was liable to pay aforesaid amount. When this question has already attained finality, OPs cannot reagitate the same. Findings of learned District Forum are well reasoned, based on law and facts and cannot be disturbed. Resultantly appeal fails and same is hereby dismissed.   

7.      The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the respondent-complainant against proper receipt and identification in accordance with rules.

D.R.

F.A. No.757 of 2016

Present:     Shri Sikander Bakshi, Advocate for appellants.

                   Shri Manoj Chahal, Advocate for respondent.

Delay of 33 days in filing the appeal is condoned for the reasons stated in the application for condonation of delay.