Madhya Pradesh

StateCommission

A/19/228

RAMESH - Complainant(s)

Versus

PUNJAB NATIONAL BANK - Opp.Party(s)

SH.DINESH YADAV

27 Apr 2022

ORDER

M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION

PLOT NO. 76, ARERA HILLS, BHOPAL (M.P.)

 

FA No.226 / 2019.

 

 

Smt. Sugnabai,

d/o Shri Shivram,

w/o Shri Radheshyam,

R/o Village Kachbaidi,

Tehsil Handia,

District Harda (M.P.).                                                           …. APPELLANT.

 

 

                        Versus

 

Branch Manager,

Punjab National Bank,

Branch Harda,

District Harda (M.P.).                                                           …. RESPONDENT.

 

 

 

As per Shri Justice Shantanu Kemkar, (oral) :

 

 

Date of           ORDER                                

Order                                                                                                

 

27.04.2022                None for the appellant.

                                    Shri Subhash Dhote, learned counsel for the respondent.

                                    Perused the impugned order and the memo of appeal and heard learned counsel for the respondent.

                                    This appeal arises out of the order dated 4.1.2019 passed by the District Consumer Disputes Redressal Commission, Harda (for short the “District Commission”) in Execution Case No.69/2017.

 

 

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                        2.         The case of the appellant / complainant is that while deciding the complaint case No.22/2017 vide order dated 18.5.2017 the District Commission had issued specific directions to the first respondent / Bank which reads thus :-

 

                        3.         The case of the appellant is that though the first respondent / Bank had submitted its reply in the execution case along with a statement, but the same is too vague and it is not specific as to how the direction contained in the order passed in CC No.22/2017 dated 18.5.2017 has been complied with in its correct perspective.  According to the appellant, the amount paid by the first respondent / Bank totaling to Rs.11820:90 has not been explained as to

 

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how the figure had been arrived at whereas in the order passed in CC No.22/2017 the first respondent / Bank was supposed to clearly demonstrate as to what is the KCC limit of the complainant, how much loan was received for kharif and rabi crop and other expenses for the year 2015 and what was the insured amount.  It was also directed that in case it was found that any further amount is payable the same be also paid with costs of Rs.1500/-.  The case of the appellant is that all these aspects have not been made clear by the first respondent / Bank in the reply filed before the District Commission or in the documents filed with the reply.  According to the appellant the impugned order has been passed ignoring this aspect of the matter.

 

                        4.         We have considered the aforesaid averments made by the appellant in the memo of appeal and also considered the submissions made by the learned counsel for the first respondent / Bank.  Having gone through the order passed in the complaint case and as also the impugned order, we find substance in the grounds raised in this appeal.  In the impugned order the District Commission has failed to consider as to whether the order passed in Complaint Case No.22/2017 has been complied with in its letter and spirit or not.

 

 

 

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                        5.         As a result, we set-aside the impugned order and direct the District Commission to pass a fresh speaking order.  It is open for the parties to file additional evidence in support of their respective claim. 

 

                        6.         With the aforesaid directions the appeal is disposed of.

                        7.         The parties are directed to appear before the District Commission on 22.6.2022.             

 

 

(Justice Shantanu S. Kemkar)   (Shyam Sunder Bansal)  (Dr. Srikant Pandey)  

               ^{PRESIDENT                                               MEMBER                                MEMBER}

 

                       

 

 

 

Phadke