26.06.2024

      ORDER ON ADMISSION

MR. RAVISHANKAR, JUDICIAL MEMBER

The Appellant/Opposite Party has preferred this appeal being aggrieved by the order dated 24.11.2023 passed in CC No.9/2021 on the file of District Consumer Disputes Redressal Commission, Bijapur, which directed this appellant to furnish the details of statement of accounts with respect to the loan, within 2 months from the date of order.  If he fail to furnish, directed to pay an amount of Rs.1,75,000/- with 6% interest and Rs.10,000/- towards the litigation cost. The appellant submits that, the complainant had obtained the loan bearing No. PSL.49654 for an amount of Rs.1,50,000/- and the duration of loan is from 27.03.2013 to 27.03.2018.  Such being the case, the complainant had paid an amount of Rs.2,16,316/-, apart from that, she has also paid an amount of Rs.5,000/- and another amount of Rs.10,000/- on different dates but the said amount were not reflected in the statement of accounts on 10.08.2015.  Further the complainant had availed an another loan bearing No. PSL 58201 from a period of 11.08.2015 to 11.05.2019, under that loan, the complainant had paid an amount of Rs.1,26,235/-.  After payment of the said amount, the complainant had sought for statement of accounts, with respect to how much she repaid the loan amount but, inspite of the requests made by this respondent, the appellant have not provided the statement of accounts.  Aggrieved by the same, she alleged a deficiency in service and sought for statement of the accounts.  After trial the District Commission allowed the complaint and directed this appellant to furnish the statement of accounts within 2 months and directed to pay the above said amount.  The order passed by the District Commission is not in accordance with law.  After filing the complaint the District Commission have not provided any opportunity to file a defense on their part, no fair opportunity had been provided to defend the case and hurriedly passed an order.  The entire details were furnished as and when, the complainant sought for statement of accounts.  Inspite of that, the complainant had alleged a deficiency in service and the District Commission without production of any materials had allowed the complaint. The order passed by the District Commission requires to be set aside and retrial is required to appreciate the true facts of the case.  Hence, prays to remand the matter for fresh trial in the interest of justice and equity.

2.     Heard on admission.

3.     On perusal of the certified copy of the order and memorandum of appeal, the very simple case of the complainant is that, she had sought for statement of accounts for clarification with respect to the loan raised by her.  Due to non supply of the said details, the complainant had approached the District Commission and sought for clarification.  After due notice served on this appellant, the appellant appeared through his counsel but have not chosen to file any version/defense to defend the allegations.  This appellant has not explained the reasons before this Commission for not filing the version or any evidence on their part.  Merely alleging that the District Commission has not provided an opportunity to file version and affidavit are not acceptable.  The appellant has also not produced order sheet in CC.No.09.2021 to show whether the District Commission had denied to filing of version from the side of this appellant.  Mere stating that an opportunity was not provided to contest the matter in support of any material is not a sufficient ground to set aside the order passed by the District Commission.  The District Commission after appreciating the evidence and documents produced by the complainant had directed this appellant to furnish the statement of accounts which according to us has no irregularity.  The grounds urged to remand back the matter is not justifiable. Accordingly,

O R D E R

The appeal is dismissed.No order as to costs.

The amount in deposit shall be transmitted to the District Commission to pay the same to the complainant.

Send a copy of this order to both parties as well as Concerned District Commission.

(Sunita .C. Bagewadi)                        (Ravishankar)   

Member                                  Judicial Member 

ARD*