03.02.2024:-

ORDER

BY Mr. K.B SANGANNANAVAR, JUDICIAL MEMBER

01.  This Appeal is of 2015 is taken up for decision. The Commission examined the grounds of Appeal, impugned order and the Appeal papers and proceed to deliver judgment.

02.   This Appeal is filed by the complainant in CC No.47/2013 on the file of District Consumer Disputes Redressal Forum, Chikmagalur, aggrieved by the order dated: 02.01.2015.  The complainant raised consumer complaint before the Forum below to direct the OP/Respondent to charge interest on his loan account at the rate of 3% per annum as against 13% per annum and to award compensation of Rs.25,000/- for rendering deficiency in service. 

03.  The OP had contested the consumer complaint.  The Forum below held an enquiry and proceeded to record negative findings on the alleged deficiency of service and as a result dismissed the consumer complaint.  It is this order being assailed in this Appeal, contending, Forum below has failed to appreciate the materials on record and failed to appreciate the circular dated: 17.04.2012 issued by the Government of Karnataka. The Forum below committed grave error in passing the impugned order. 

04.   It has come in the enquiry held by the Forum below, the loan availed by the complainant/Appellant herein from OP/Respondent was towards purchase of a vehicle.  It is not in dispute that, he had purchased the vehicle bearing No. KA-18-N-4066 by availing loan from OP/respondent.  It is also not in dispute, he had executed necessary loan papers including agreement in favour of the OP before availing loan in question.  The Forum below held rate of interest as found in Exhibit-P.3 is not approved by the Government of Karnataka or by any co-operative society federation and as in Exhibit-R.1, Forum found complainant had agreed to pay 13% interest per annum on the loan amount which cannot be said either error or not perceiving the facts in right way. It is to be noted herein complainant had also executed on demand pro-note as per Exhibit R.2 to pay 13% interest per annum.  In such circumstances, in our view, the Forum below has to be held right in concluding the rate of interest was 13% per annum and not 3% per annum as raised in his complaint and as contended in this Appeal.  Hence proceed to dismiss the Appeal with no order as to costs.

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LADY MEMBER                       JUDICIAL MEMBER

*Knmp.