Filed on       : 20.06.2012

Disposed on          : 28.07.2012

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR

Dated 28^th JULY2012

PRESENT

Sri. H.V. RAMACHANDRA RAO, B.Sc., BL,   …….                PRESIDENT

Sri. T.NAGARAJA, B.Sc., LLB.                        ……..     MEMBER

CC No. 73 / 2012

Sri. Ramesh Kumar.P.

S/o. Pillappa.B.

Unikili,

Srinivasapura – 563 135.                                        …..    Complainant

(Party in person)

V/s.

M/s. Sundar Associates,

Kusum Palace, 2^nd Floor,

R.No. 203, 349/3412, Cuttack Road,

Bhuvaneshwar – 751 006.

Orissa State.                                                                    …..    Opposite Party

ORDER

By Sri. H.V. RAMACHANDRA RAO, PRESIDENT

          The brief antecedents that lead to the filing of the Complaint made u/s. 12 of the C.P. Act seeking direction to the OP to pay Rs.5,00,000/- are necessary:-

On seeing the paper advertisement Complainant contacted OP through phone and as per their advise applied for loan on 22.02.2012.  For the purpose of processing, OP has collected Rs.2,860/- on 01.03.2012 and also collected Rs.4,700/- regarding insurance.  But till today, loan has not been granted.  Hence the Complaint.  

2.       This complaint was posted to 23.06.2012, 30.06.2012, 07.07.2012 on which dates notices were ordered regarding admission and case was posted to 21.07.2012 on which date Complainant was absent.  Processes were returned with a shara as “no such address”.  Complaint is posted to today for taking steps and to hear, but the Complainant is absent and no step is taken.  Hence, perused the records.

3.       The points that arise for our consideration are:

(A)            Whether there is prima  facie  case of deficiency in

service in this case to admit the Complaint ?

(B)            What Order ?

4.       Our findings on the above points are as under:

          (A)     Negative

          (B)     As per detailed order for the following reasons

REASONS

5.       The Complaint is summarized supra and the same be read herein again.  The entire grievance of the Complainant is that he made an application with the OP for sanctioning of loan and paid certain amount regarding insurance that’s all.   Granting / refusing the loan is the discretion of the person who grants the loan which coupled with many terms & conditions.  Merely applied for loan, it cannot be granted. This Forum is not the Appellate Authority of the OP in this case.  What is the amount which has been insured ? To which Insurance Company it has been paid is also not stated.  How this amounts to deficiency in service and how it is consumer & trader relationship is not explained.  Hence, we hold the above points accordingly and pass the following order:

ORDER

1.       Complaint is dismissed.

2.       Send copy of this Order to the concerned free of costs.

3.       Return extra sets to the parties concerned under the Regulation 20(3) of Consumer Protection Regulations 2005.

(Dictated to the Stenographer, got it transcribed and corrected and pronounced in the open Forum on this the 28th day of July 2012)

T. NAGARAJA                                                        H.V.RAMACHANDRA RAO

    Member                                                                   President

SSS