::BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT BIDAR::
C.C. No.21/2014.
Date of filing: 22.03.2014.
Date of disposal: 27.03.2018.
P R E S E N T:-
(1) Shri. Jagannath Prasad Udgata, B.A., LL.B.,
President
(2) Shri. Shankrappa (Halipurgi),
B.A.LL.B.,
Member.
COMPLAINANT/S: 1. Usharani W/o Shashidhar Mali Patil,
Age: 24 years, Occ: House hold,
R/o Dakulgi Tq: and Dist: Bidar
Now at Residing at Noubad, Bidar.
(By Sri. P.M.Deshpande, Adv.)
VERSUS
OPPONENT/S: 1) Mahindra Rural Housing Finance Ltd.,
2nd Floor, CVR Complex,
Opp. District Court Gulbarga-585102.
2) Mahindra Rural Housing Finance Ltd.,
Branch Bidar, Near District Jail
Bata Show Room Bldg.2nd Floor, Bidar.
(ByR1 & R2 Sri. Vijay Udgir, Adv.)
:: J UD G M E N T ::
By Shri. Jagannath Prasad Udgata, President.
This is a queer case, where in, the complainant, abinitio filed a case in the year 2014, through her chosen Advocates against Mahindra and Mahindra Financial Services Ltd., having its’ offices at Gulbarga and Bidar, seeking a relief of permitting the repayment of loan amount of Rs.1,93,000/- in yearly instalments of Rs.53,333/- in three years. The relevant documents, especially the copy of the mortgage deed executed by the complainant in favour of the financier was submitted along with the complainant to this Forum at the threshold.
2. On putting up appearances, the originally proposed O.P.s filed their written versions, claiming there in that, they were no where into the picture, having no nexus with the transaction on 31.05.2014 and further praying to dismiss the complaint u/s 26 of the Consumer Protection Act, 1986 with costs.
3. After lapse of almost two years, the complainant side, woke up from the slumber and on 09.08.2016, filed I.A. to amend the cause title to substitute the present opponents in the proceedings. The I.A. was allowed on 16.09.2016, the present opponents were substituted by amending the cause title and amended complaint was filed. The original O.P.s counsel stating his no objection, notices were issued to the freshly substituted O.P.s on 17.12.2016. After dillydallying for numbers of hearing dates P/F was paid by the complainant, notices were issued and on 22.09.2017. The freshly imp-leaded O.P.s put up appearance through Sri. Vijay Udgir, Advocate. No versions were filed till 10.01.2018 for which the O.P.s were placed exparte. Complainants’ Advocate filed evidence affidavit on 15.02.2018 after availing several adjournments, but no affidavit was filed by the O.P.s till the end. However the O.P.s advocate has made a submission that, proposal for conciliation has been sent to the complainant.
4. Thereafter, none of the parties coming forward to address the arguments, we were compelled to post this case for orders on 27.03.2018.
5. In a nutshell, it can be expressed that, this case is being dragged up to today due to mindless, negligent actions and misfeasance of the Advocates.
6. As the matter stands, the complaint was filed on 22.03.2014 seeking a relief of three years time to repay the loan amount in three yearly
installments of Rs.53,333/-. Four years has been completed since the date of the complaint and no coercive action in the part of the O.P.s has been alleged, Hence, we proceed to pass the following:-
::ORDER::
- The case is disposed off being in fructuous.
- The parties as submitted by the O.P.s counsel may proceed with conciliation and solve the matter amicably.
- There would be no order as to cost or otherwise.
(Typed to our dictation then corrected, signed by us and then pronounced in the open Forum on this 27th day of March 2018).
Sri. Shankrappa H. Sri. Jagannath Prasad
Member. President.
