Date of Filing :02.12.2022
Date of Disposal :04.06.2024
BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)
DATED:04.06.2024
PRESENT
Mr K B. SANGANNANAVAR: JUDICIAL MEMBER (DIST & SESSIONS JUDGE (R )
Mrs DIVYASHREE M:LADY MEMBER
APPEAL No.2353/2022
The Liquidator
Kittur Rani Channamma Mahila
Pattan Sahakari Bank Ltd.,
Laxmi Balakrishna Square
Hubballi-20
(By Mr. I R. Mandre, Advocate) Appellant
-Versus-
1. Kumari Sunita V.Pattan
R/o H.No.141/10
Near Basaveshwar Temple
Ghantikeri
Hubballi-20
2. The Managing Director
Deposit Insurance and Credit
Guarantee Corporation Ltd.,
H.O.R.B.I Building
Second Floor
Opp. to Mumbai Central Railway Station
Post Box No.4571
Mumbai Central, Mumbai-400 008 Respondents
-:ORDER:-
Mr. K B. SANGANNANAVAR: JUDICAL MEMBER:
1. This is an Appeal filed under Section 41 of Consumer Protection Act, 2019 by OP aggrieved by the Order dated 21.10.2022 passed in Consumer Complaint No.89/2016 on the file of District Consumer Disputes Redressal Commission, Dharwad (for short, the District Commission).
2. The Commission examined the impugned order, grounds of Appeal, Appeal papers and heard learned counsel. Now the point that arise for consideration of this commission would be whether the impugned order passed by the DF does call for an interference for the grounds set out in the appeal memo?
3. The District Commission held Liquidator is liable and directed to pay maturity value of Fixed Deposit as found in Ex-C1 atRs.1,00,156/- along with interest at the rate of 6% p.a from 18.11.2013 till realisation and do pay Rs.5,000/- as cost of the proceedings. Further directed to take steps with DICGC, Mumbai for making payment of the aforesaid amount to the Complainant within 2 months from the date of the order.
4. The relief sought in this Appeal by the OP/Liquidator is to set aside the order dated 21.10.2022 passed in CC No.89/2016 and allow the dues payable to the Liquidated Bank by mother of Respondent No.1, Kumari Sunita V.Pattan, who is surety in ABN Case No.JRD/UBF/HBL/4037/2006-07 decided on 13.09.2006.
5. The notice of this Appeal is served on Kumari Sunita V.Pattan and Managing Director, Deposit Insurance and Credit Guarantee Corporation Ltd., Mumbai, but they failed to participate in the proceedings. In other words, are recorded as absentee parties.
6. Learned counsel for Appellant placed a decision of the Hon’ble Apex Court, decided in Civil Appeal No.1035/2008 between Deposit Insurance and Credit Guarantee Corporation and Ragupathi Ragavan and others wherein in Para 31 held ‘we are of the view that the High Court had exceeded its authority while giving a direction to the Official Liquidator, which is not in consonance with the statutory provisions and therefore, we set aside the judgement and order delivered by the learned Single Judge as also by the Division Bench and direct the Official Liquidator and the Special Officer to act in accordance with the statutory provisions.
7. Thus, the above ratio laid down by the Hon’ble Apex Court in so far as the duties and obligations of Liquidator is concerned directly bearing on the point in dispute was not at all considered by the District Commission before passing the impugned order. Hence, we proceed to allow the Appeal with no order as to costs. Consequently, set aside the order dated 21.10.2022 passed in Consumer Complaint No.89/2016 on the file of District Consumer Disputes Redressal Commission, Dharwad and as a result remanded back the matter to reconsider the case of the complainant in the light of the decision cited in the order and it is needless to say affording opportunity to the Liquidator and parties to the case in accordance with law.
8. Amount in deposit is directed to be transferred to the District Commission for needful.
9. Sendcopy of this Order to the District Commission and the parties concerned.
Lady Member Judicial member
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