Karnataka

StateCommission

A/223/2021

Annaiah - Complainant(s)

Versus

Primary Land Development Bank - Opp.Party(s)

Manjunatha Patttanashetty

13 Jan 2023

ORDER

KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
BASAVA BHAVAN, BANGALORE.
 
First Appeal No. A/223/2021
( Date of Filing : 05 Mar 2021 )
(Arisen out of Order Dated 09/02/2021 in Case No. Complaint Case No. CC/89/2020 of District Shimoga)
 
1. Annaiah
S/o Kariyappa Aged about 68 years, Agriculturist, R/a Karehalli village, Badavathi Tq.,
Karnataka
...........Appellant(s)
Versus
1. Primary Land Development Bank
Rep. by its Manager, C.N.Road, Badravathi Tq.
Karnataka
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Huluvadi G. Ramesh PRESIDENT
 HON'BLE MR. Krishnamurthy B.Sangannavar JUDICIAL MEMBER
 HON'BLE MRS. Smt. Divyashree.M MEMBER
 
PRESENT:
 
Dated : 13 Jan 2023
Final Order / Judgement

Dated:13.01.2022

ORDER

BY Mr. K. B. SANGANNANAVAR: Pri. Dist. & Session Judge (R)- JUDICIAL MEMBER

  1. This is an appeal filed by complainant in CC/89/2020 on the file of District Consumer Disputes Redressal Commission, Shivamogga aggrieved by the order dated 09.02.2021.

 

  1. The Commission examined grounds of appeal, impugned order and appeal papers.

 

  1. The appellant/complainant raised a Consumer Complaint before the Commission below.  It was his case that as an agriculturist has purchased the Indo Farm Tractor for Rs.5,75,000/- availing loan of Rs.2,48,800/- from OP and he had repaid amount regularly.  But to his utter shock, OP still asserting that Rs.1,25,000/- is due as on 17.06.2010.  He has stated as per the scheme introduced by Government of Karnataka under Debt Relief Act, 2018 OP is not entitled to claim any amount.  In this regard has sought for direction against OP that he is not entitled to claim any amount from him.  This complaint was contested by OP.  The Commission below held an enquiry appreciated Ex.P1 to P12 and materials on record placed by OP as per Ex.R1 and R2, thereby found as complainant has not placed any material before the Commission to establish that he has paid Rs.1,10,260/- and failed to prove that OP has forcibly taken his signature on the papers.  Further complainant failed to prove deficiency of service on the part of OP and as a result dismissed the complaint with no order as to cost, does not call for any interference in appeal.  Hence proceed to dismiss the appeal with no order as to cost.

 

  1. Send a copy of this Order to the District Commission and parties to the appeal.

 

 

        Lady Member                             Judicial Member     

*GGH* 

 
 
[HON'BLE MR. JUSTICE Huluvadi G. Ramesh]
PRESIDENT
 
 
[HON'BLE MR. Krishnamurthy B.Sangannavar]
JUDICIAL MEMBER
 
 
[HON'BLE MRS. Smt. Divyashree.M]
MEMBER
 

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