(Per Mr.P.N.Kashalkar, Hon’ble Presiding Judicial Member)
(1) This appeal is lying unattended from 2004. The appellant also has not bothered to take circulation for getting first order passed. Therefore, on 05/08/2011, this matter was taken from sine-die list and placed before us for disposal. Intimation of that date was displayed on notice board and published on internet board of the Commission. On 05/08/2011, on finding that appellant as well as the respondent were absent, we directed office to issue notice informing next date of hearing i.e. 30/09/2011 to both the parties. Accordingly, on 23/09/2011, office issued notices to the parties. On 30/09/2011 i.e. today, the appellant as well as the respondent are absent. Therefore, we are deciding the matter on merit. This is an appeal filed by the original complainant against the order passed by the District Consumer Disputes Redressal Forum, Satara in consumer complaint No.523/2003 decided on 21/05/2004. We perused the impugned order. According to the complainant, the respondent No.1 had need of money and accordingly the complainant gave `75,000/- in cash and in return the complainant got the respondent’s field as security on 16/091998 by way of executing mortgage deed of the land Gat No.127 having area o 26 R. In the said agreement, the consideration of the field was mentioned as `1 lac. The complainant asked opponent No.1 to give back `75,000/- which he had given as hand loan, but the opponent No.1 did not refund the money. Therefore, the complainant sent registered notice dated 05/05/2000. However, the opponent No.1 did not refund the money. Therefore, the complainant for the recovery of `75,000/- or to get the sale deed of the field executed in his favour and he claimed interest @ 12% p.a. on `75,000/- besides costs. The opponents did not file written statement within time. The complaint was proceeded with written statement. The forum dismissed the complaint on the ground that the agreement took place on 16/02/1998 and the complaint has been filed after two years i.e. on 17/09/2002. Before filing the complaint, the complainant had sent notice on 05/05/2000 through Adv.Uttamrao Patil and within 2 years therefrom he had not filed complaint. Therefore on the point of limitation, the complaint was rejected by the forum below. Aggrieved by this order, the original complainant/appellant filed this appeal.
(2) We are finding that the complaint was rightly dismissed by the forum below by passing impugned order. Besides, we are also of the opinion that this is not the case of the consumer dispute. It was a transaction between the complainant and the opponent wherein the complainant lent `75,000/- to the opponent and in return he got the field of the opponent as security by way of mortgage agreement. The price of the field of the opponent is mentioned in the agreement is `1 lac. As the opponent did not returned `75,000/- to the complainant, he should have approached Civil Court for refund of `75,000/- or alternatively for getting sale deed executed. Instead of doing so, the complainant chose wrong forum and filed complaint which itself is not tenable and therefore on this count also, we find there is no substance in the appeal. Hence, the order.
ORDER
(1) Appeal stands dismissed.
(2) No order as to costs.
(3) Inform the parties accordingly.
Pronounce on 30th September, 2011.
