Maharashtra

StateCommission

A/10/1086

SHRI PRASHANT SHIVAJI KANADE - Complainant(s)

Versus

SHRI AMIT DESHMUKH - Opp.Party(s)

MILIND OAK

15 Oct 2010

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
First Appeal No. A/10/1086
(Arisen out of Order Dated 07/09/2010 in Case No. 166/10 of District Satara)
 
1. SHRI PRASHANT SHIVAJI KANADE
R/O LONAND TAL KHANDALA
SATARA
MAHARASHTRA
...........Appellant(s)
Versus
1. SHRI AMIT DESHMUKH
MANAGER SHRIRAM FINANACE CO LTD PLOT NO 13/16 GAJANAN CHAMBER SECOND FLOOR VISAVA NAKA SATARA
SATARA
MAHARASHTRA
...........Respondent(s)
 
BEFORE: 
 Hon'ble Mr. S.R. Khanzode PRESIDING MEMBER
 Hon'ble Mr. Dhanraj Khamatkar Member
 
PRESENT:MILIND OAK, Advocate for the Appellant 1
 
ORDER

Per Shri S.R. Khanzode – Hon’ble Presiding Judicial Member:

 

      Heard Mr.M.H. Oak, Advocate for the Appellant.

 

     This appeal takes an exception to an order passed in Consumer Complaint No.166/2010, Prashant Shivaji Kanade V/s. Shri Amit Deshmukh, by District Consumer Disputes Redressal Forum, Satara, (in short ‘Forum Below’). 

 

     Admittedly, there is a loan transaction between the Appellant/Org. Complainant and Respondent/Opposite Party.  It is the grievance of the Complainant that it had applied under the right to information Act to the Respondent to give account extract of old loan account.  Instead of giving said information, an information as to the existing loan account was given and therefore, alleging deficiency in service on the part of the Respondent/Opposite Party the consumer complaint was filed.  The Forum below pleased to dismiss the complaint and hence, original Complainant has filed this appeal.

 

     Mr.Oak, Ld. Advocate for the Appellant submitted that, in view of section 3 of the Consumer Protection Act, 1986, the additional reliefs are sought.  No doubt, it is so, but, once the Appellant/Original Complainant has elected to choose a particular remedy under provisions of right to information Act and he has pursued the same and if he is not satisfied with the information given, as per the said Act he can seek relief by filing an appeal.  Under the circumstances, there cannot be any deficiency in service as alleged by the Appellant.  Forum below has rightly dismissed the complaint.  We find no reason to take different view than what has been taken by the Forum below.  Thus, finding the appeal devoid of any substance, we pass the following order:

 

O  R  D  E  R

 

     (i)       Appeal stands dismissed in limine.

    (ii)       No order as to costs.

 

 
 
[Hon'ble Mr. S.R. Khanzode]
PRESIDING MEMBER
 
[Hon'ble Mr. Dhanraj Khamatkar]
Member

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