Orissa

StateCommission

A/362/2017

Branch Manager, Utkal Grameen Bank - Complainant(s)

Versus

Shaik Kausar Alli - Opp.Party(s)

M/s. M.K. Das & Assoc.

12 Sep 2022

ORDER

                  Heard learned counsel for the appellant.   

               2. None appears for the respondent.

               3. The case of the Complainant in nut shell is that the complainant had incurred loan of Rs.50,000/-from the O.P no.1 under Kisan Credit Card by creation of mortgage of his landed  property on 31-01-2004. It is alleged inter alia that after full payment of loan amount complainant asked to allow further loan of Rs.1,00,000/- for development of his agriculture land It was allowed. But repayment  of such loan by 27-08-2015, complaint allegedly asked OP not to allow further loan of Rs. 3,00,000/- for further development but OP not returned without any reason. So complaint was filed.                                     

        4.The O.P No.1 / appellant submitted that there is no notice served on him and he is set exparte. O.P No.2 & 3 appeared and asked for filing written version but did not file same.

        5. Learned counsel for the appellant  submitted that O.P No.1 is set exparte but O.P No. 2, 3 being present  were not given opportunity to contest the matter.

        6. Learned counsel for the O.P / appellant submitted  to remand the matter to the Learned District Commission, so that all the O.Ps would file their written version and the case would be disposed of on merit, in accordance with law.

        7. We have heard the learned Counsel for the appellant, Perused DFR and impugned order of the Learned District Commission. In fact the notice was issued to O.P no.1 but he was absent on that date in house  

       for which he could  not appear . But the O.P No.2 & 3 entered appearance but did not take any step for the reason best known to them. Without giving opportunity on the merit of the case  it will not be possible to know  whether the complainant has taken loan at different times and allegedly cleared all the loan but did not get further loan without any fault. On the other hand the Learned counsel for the appellant submitted that the outstanding loan is still there. Therefore it is a fit case to remand the matter to the Learned District Commission to allow the O.P No.1, 2 & 3 to file written version and allow both parties to adduce evidence if any and pass speaking order in accordance with law within 60 days from the date of receipt of this order but this remand is subject to payment of 10,000/- by the appellant to the complainant within 15                               

          days of the receipt of this order before the Learned District Commission.

          Both the parties are directed to appear before the Learned District Commission on 10-10-2022 to take further instruction.

          DFR be send forthwith.

.                 Free copy of the order be supplied to the respective parties or they may download same from the confonet or website of this Commission to treat same as if copy of order received from this commission.