Dtd.17.10.2022                                            A/15/2021

O R D E R

               BY Mr. K.B.SANGANNANAVAR : JUDICIAL MEMBER

1.    This is an appeal filed U/s.41 of CPA 2019 by Complainant/Appellant aggrieved by the order dtd.18.12.2020 passed in CC/1686/2018 on the file of Bengaluru 4^th Addl., District Commission.
2. The Commission examined grounds of appeal, impugned order, appeal papers and heard the learned counsels.
3. Learned counsel for the Appellant submits that Commission below wrongly recorded findings in para 15 of the impugned order ignoring statement of account for the period 01.04.2017 to 19.07.2017. We examined the said statement, wherein shown under deposit column depositing of Rs.1,87,957/- and the balance is ‘zero’, yet the Forum below made mention as per loan statement Complainant is due Rs.1,87,957/- as on 30.06.2017 which is contrary to the statement of account as on 30.06.2017. Learned counsel submits that no amount is due, yet Forum below dismissed the complaint without considering to direct OP to return all original documents deposited by him at the time of availing loan. In such circumstances, in our view, the findings recorded by the Commission below are not only irregular but unsustainable. Accordingly, proceed to allow the appeal, consequently set aside the order dtd.18.12.2020 passed in CC/1686/2018 on the file of Bengaluru 4^th Addl., District Commission and directed OP to return all the original documents deposited by the Complainant at the time of availing loan, issue NOC and remove his name from the CIBIL and to pay Rs.25,000/- as compensation and Rs.10,000/- as litigation cost within 60 days from the date of order.
4. Notify copy of this Order to the District Commission and parties.

   Lady Member                                Judicial Member               

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