(Per Shri S.R.Khanzode, Hon’ble Presiding Judicial Member)
(1) This appeal takes an exception to an order dated 14/07/2006 in Consumer Complaint No.37/2006, Shri Ashok Jaykishan Sharma Vs. The Nashik Peoples Co-operative Bank Ltd., Nashik, passed by District Consumer Disputes Redressal Forum, Nashik (‘Forum’ in short).
(2) The complaint pertains to deficiency in service on the part of respondent/original opponent bank for not returning the original documents pledged with the bank even after refund of the entire loan. The bank submitted that the appellant/complainant is also a guarantor in another loan matter for which recovery certificate is obtained u/s.101 of Maharashtra Co-operative Societies Act, 1960 and therefore the documents could not be returned. Upholding the submission of the opponent/respondent, the consumer complaint stood dismissed. Aggrieved thereby, the complainant preferred this appeal.
(3) Both the parties remain absent, in spite of notice published on notice board and on internet and as well as even after sending further intimation by way of abundant precaution by post on 19/12/2011. Hence, we prefer to consider this one of the old appeals on its own merit.
(4) Since appellant/complainant is guarantor in another loan which was alive, the documents could not be returned. The reasoning given by the forum, therefore, is proper and we find no reason to take a different view than what is taken by the District Forum. We hold accordingly and pass the following order.
ORDER
(1) Appeal stands dismissed.
(2) No order as to costs.
Pronounced on 4th January, 2012.
