Per – Hon’ble Mr. S. R. Khanzode, Presiding Judicial Member
Heard for admission Adv. S. S. Kondhalkar alongwith Adv. S. B. Patil for the Appellant and Adv. Mannadiar for the Respondent No.1. who appeared suo-moto.
[2] Undisputed facts of the case are that a loan amount of `1,25,000/- was sanctioned by the Respondent No.1 to the Appellant in the year 2002. It is further revealed from the facts stated and not disputed, that the cheque issued by the Respondent No.1 towards disbursement of the loan amount was not encashed. This fact was brought to the notice for the first time on behalf of the Appellant on 22/7/2005 that the loan amount was not actually received since the cheque was not encashed. Thereafter, the Respondent No.1 Bank took remedial steps and on 22/7/2006 disbursed to the Appellant, an amount of `75,384/- by issuing a fresh cheque. There is no dispute about receiving said amount by the Appellant from the Respondent No.1 Bank. Once this course is complete, there hardly remains any deficiency in service on the part of the Bank in respect of alleged loan transaction vis-à-vis disbursement of the loan sanctioned. If this all happened on 22/7/2006, raising a grievance about non-disbursement of loan, a consumer complaint was filed on 3/10/2010 (as per statement recorded on certified copy of the impugned order). Thus, certainly, the consumer complaint was not filed within a period of two years from the above-referred occurrence of event i.e. 22/7/2006.
[3] As earlier pointed out, once the re-disbursement of the loan was accepted on 22/7/2006, no further cause of action survives relating to a consumer dispute. Under the circumstances, ultimate dismissal of consumer complaint by the Forum cannot be faulted with. We hold accordingly and pass the following order:-
ORDER
The appeal is not admitted and stands rejected in limine accordingly.
No order as to costs.
Pronounced & dictated on 13th October, 2011
