Dtd.08.10.2024                                            A/1123/2023

O R D E R

         BY Mr.K.B.SANGANNANAVAR : Pri.Dist & Session Judge (R) - JUDICIAL MEMBER.

1.    This is an appeal filed U/s.41 of CPA 2019 by Complainant/Appellant aggrieved by the order dtd.06.05.2023 passed in CC/109/2020 on the file of Davanagere District Commission. (Parties to the appeal henceforth are referred to their rank assigned to them by the District Commission).
2. The Commission examined grounds of appeal, impugned order, appeal papers and heard the learned counsels. Now the point that arise for consideration of this Commission would be:

Whether the impugned order dtd.06.05.2023 passed in CC/109/2020 does call for an interference of this Commission for the grounds set out in the appeal memo?

3. This appeal is filed by Complainant seeking modification of the impugned order passed by the District Commission. The complainant had sought certain reliefs to be passed against the OP/respondent. In view of rival contentions of the parties to the complaint, DCDRC held an enquiry, proceeded to allow the complaint in part and directed OPs.1 to 3 to pay a sum of Rs.633/- along with interest at 9% p.a. from the date of complaint till realisation and for the delay in crediting the amount covered under the cheques awarded Rs.10,000/- and similar such amount has been awarded towards mental agony and directed to pay such amount within 30 days, failing which, the award  amount shall carry interest at 6% p.a. from the date of complaint till realisation and it is this order is assailed in this appeal contending, the DCDRC has failed to consider his entitlement of  Rs.69,787/-, which is the   interest amount worked out at 9% p.a. on Rs.47,869/- for the period from 31.03.2019 till 30.08.2024. Further, the DCDRC failed to consider his entitlement for Rs.12,893/- which according to complainant is the  interest amount worked out at 9% p.a. on 13,944/- for the period from 01.04.2019 to 17.08.2020. Further his grievance would be he is also entitle for Rs.12,893/- i.e. interest at 9% p.a. on Rs.9,999/- for the period from 11.02.2021 till 30.04.2024. Learned counsel for appellant would submit DCDRC has failed to consider all these vital aspects of the complaint. We have examined the copy of Savings Scheme Account issued by Scrap Merchants Credit Co-operative Society Ltd., Davanagere, standing in the name of Complainant/Shanthaswamy W/o Pakirswamy, copy of legal notice dtd.12.06.2020, copy of complaint lodged with Sub-Inspector, Davanagere dtd.08.06.2020 wherein she had lodged complaint against OP society and 4 receipts passed by Sri Harihareshwara Urban Co-operative Bank ltd., for having received cheque for Rs.1 lakh dtd.09.01.2020, Rs.2 lakh dtd.12.10.2020, Rs.77,000/- dtd.30.12.2020, Rs.1 lakh dtd.27.01.2020 from Bhageerathi.G.H, Manjaiah.H.M, Siddalingaswamy.B.M respectively coupled with statement of account in respect of the account of Smt.Bhageerathi.G.H, Swamy.B.M and Manjayya.H.M, suffice to show that the amount were not credited. However, we could not find any reasons recorded by the District Commission on all these documents and working out of the loss of the interest amount considering the prevailing interest rate at the relevant time in the said bank. In such circumstances, we could not able to decide the case at the appeal stage to work it out on the basis of the materials now placed along with the appeal memo. In other words we are finding difficulty to have clarity of the consumer complaint. It is therefore complaint needs to be reconsidered to have clarity with cogent proof to attribute OP’s rendering deficiency of services and award to be passed against OP. Accordingly we proceed to allow the appeal. Consequently set aside the order dtd.06.05.2023 passed in CC/109/2020 on the file of Davanagere District Commission and remitted back the matter with a direction to readmit the complaint to decide afresh affording opportunity to both parties. The parties are at liberty to place additional documents if any for reconsideration and if produced the DCDRC to allow them produce documents and evidence. All contentions are left open.
4. Notify copy of this Order to the District Commission and parties for their information.

   Lady Member                                Judicial Member               

*NS*