Disposal of the application (paper No. 59 & 60 alongwith Affidavit

Today learned counsel Sh. R.S. Bajwa for the appellant and Sh. Kuldeep Kumar for respondent have appeared.

Respondent has filed above application alleging that the Agricultural Loan Account No. A.E. 42352 has been settled as per compromise and the account has been closed with the note of “Account closed by OTS”. 

It is also alleged in the application that the Tractor Loan Account No. A.U. 21007 was also closed on the basis of the compromise and “No claim” certificate has been issued by the Bank which is being filed before the Commission with the application. Hence, both the loan accounts (Agricultural Loan Account and the Tractor Loan Account) have been closed by the Bank, therefore, the appeal has become infructous and it be decided accordingly.

Respondent has also given an undertaking that the execution case No. 88 / 2016 styled as Smt. Chameli Vs. Branch Manager, PNB and Others pending before the District Commission, Haridwar will be closed on account of compromise out of the court, hence, the appeal filed on behalf of the appellant be decided accordingly. 

Learned counsel for the appeelant - Bank has remarked ‘No Objection’ in the side of the application. 

Learned counsel for the Bank has admitted that the Agricultural Loan Account and the Tractor Loan Account were closed by the Bank because the entire loan amount alongwith interest has been paid as per the settlement between the consumer and the service provider. “No Claim” certificate in both the accounts was also issued by the Bank in favour of the respondent. 

As the dispute between the consumer and the service provider has come to an end, therefore, we are of the opinion that there is no relevancy to allow the delay condonation application.

Hence, we have also perused the delay condonation application. 

No sufficient reason has been assigned explaining day to day delay.  Hence, we are of the view that the delay condonation application (paper No. 1 & 2) alongwith affidavit is liable to be dismissed. 

Therefore, the delay condonation application supported with affidavit is hereby dismissed. 

It is also ordered that both the loan accounts have been settled in terms of compromise and the payment of both the loan accounts has been given by the respondent to the Bank, hence the impugned order dated 26.08.2016 is not executable.

The District Commission concerned is directed to dismiss the execution application No. 88 / 2016 styled as           Sh. Chameli vs. Manager, PNB and others either suo moto or after getting proper application from the respondent; respondent is also directed to move such application to dismiss the execution application No. 88 / 2016 within a month from today. 

A copy of the order be sent to the concerned District Commission for perusal and necessary action.

File be consigned to the record room alongwith copy of this order.

Statutory amount, if any, be returned to the appellant.

Application supported with an affidavit is decided accordingly.