22.08.2024:

ORDER

Delivered by Mr.K.B.Sangannanavar. Prl.DJ (R) Judicial Member.

01.   This is an Appeal filed by the complainant in C.C. No.1217/2014 on the file of District Consumer Disputes Redressal Forum, Mysore, aggrieved by the order dated: 14.01.2016.

02.   Commission examined the grounds of appeal, Impugned order, appeal papers and heard Learned counsel for Appellant. Now the point that arise for consideration of this commission would be whether the impugned order does call for an interference for the grounds set out in the appeal memo?

03.   Learned counsel for Appellant/complainant submits that, no documents are produced to substantiate Rs.3,203/- was the shortfall EMI amount due from complainant.  Further submits that, District Forum in Para-11 of the impugned order itself considered  the version statement of OP No.2, observed shortfall of initial EMI amount of Rs.50/- which totally amounting to Rs.3,000/- and interest amounting to Rs.3,203/- was intimated to the complainant, only after the lapse of five years suffice to hold District Forum had committed grave error in directing the complainant to pay a sum of Rs.3,095/- to the opposite party in a consumer complaint raised by the complainant against service provider namely bankers wherein sought relief to issue NOC has considerable force.  Learned counsel rightly submitted that, complainant/appellant being an employee having account with Ops getting monthly salary and the installment EMI of Rs.1,100/- each always automatically transferred from his account to the loan account continuously for a period of 61 months was not at all considered by the District Forum. 

04.   In the above such circumstances, we feel impugned order needs modification. Hence,  proceeds to allow the Appeal, consequently set aside the order dated: 14.01.2016 passed in C.C.No.1217/2014 on the file of District Forum and as a result directed the opposite parties to issue NOC to the complainant within 60 days, failing which to pay Rs.3,000/- to the complainant as compensation.  Accordingly the Impugned order stands modified.

05. Send copy of this order to the District Commission and the parties to the Appeal.

            Sd/-                                                              Sd/-

LADY MEMBER                                   JUDICIAL MEMBER

KNMP*