Date of Filing : 01.05.2023
Date of Disposal : 20.05.2024
BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)
DATED:20.05.2024
PRESENT
Mr K B. SANGANNANAVAR: PRI. DIST & SESSIONS JUDGE (R )- I/C PRESIDENT
Mrs DIVYASHREE M: LADY MEMBER
APPEAL NO.856/2023
Canara Bank
Nutan Vidyalaya Branch
Kalaburgi – 585 102
Rep. By its Branch Manager
(By Mr Prashanth T. Pandit, Advocate) Appellant
-Versus-
Sri K.Vikram Nayak
S/o Late Vasudev Nayak
Aged about 72 years
R/at HIG Plot No.295
GDA Layout, Veerendra Patil Badavane
Sedam Road, Kalburgi -585 105 Respondent
-:ORDER:-
Mr. K B. SANGANNANAVAR: I/c PRESIDENT
1. This is an Appeal filed under Section 41 of Consumer Protection Act, 2019 by OP aggrieved by the Order dated 06.01.2023 passed in Consumer Complaint No.82/2018 on the file of District Consumer Disputes Redressal Commission, Kalburgi (for short, the District Commission).
2. The Parties to this Appeal will be referred to as the rank assigned to them by the District Commission.
3. The Commission examined the grounds of Appeal, impugned order, Appeal papers and heard the learned counsels.
4. Learned counsel submits that District Commission has committed grave error while recording findings on point No.2 and as a result passed an impugned order which is unsustainable.
5. Let us examine Paragraph 10 of the impugned order, as shown by the learned counsel, wherein, the District Commission has stated “The Complainant has claimed Rs.75,165/-, excess interest collected by OP on the basis of Ex-P11, it is self calculated statement. The OP has filed this self calculated statement as per Ex-R5, he shown the complainant is entitled for Rs.37,842/- only, to determine which calculation is correct, it requires accounts expert skill, so we unable to accept both the self calculation statements considering”. Further District Commission held, “we award a sum of Rs.50,000/-, as global compensation to the complainant, with interest at the rate of 6% from the date of complaint to till realisation and cost of Rs.10,000/-, which is just and proper”.
6. We have to bear in mind that the Commissions constituted under the CPA are adjudicatory authorities has to take some pain to perceive the materials placed by parties to the complaint to do justice to parties. It does not mean to say to decide only infavour of party who approached the commissions. In such view of the matter, the order of the District Commission, cannot be appreciated that is sustainable. In other words it is the duty of the District Commission to decide on the account statements submitted by parties, by applying mind, since, the money held by OP is public money and an adjudicating Authority cannot award a global compensation. In our view, awarding of global compensation in this matter is nothing but exercising arbitrary power, which in our view, is not vested under CP Act. In such view of the matter, it would be just and proper to remand back the matter to the District Commission to decide the case afresh affording an opportunity to both the parties. Accordingly, proceed to allow the Appeal. Consequently, set aside the impugned order dated 06.01.2023 passed in Consumer Complaint No.82/2018 on the file of District Consumer Disputes Redressal Commission, Kalburgi, with a direction to the District Commission to re-admit the case and decide the case as early as possible not later than 3 months from the date of receipt of this order.
7. All contentions are kept opened.
8. Amount in Deposit is directed to be transfer to the District Commission for needful.
9. Send a copy of this Order to the District Commission as well as to the parties concerned, immediately.
Lady Member I/c President
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