Dated:25.11.2022

ORDER

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

1. This is an appeal filed by OP in CC/204/2014 on the file of District Consumer Disputes Redressal Forum, Bellary aggrieved by the order dated 22.03.2016.

2. The Commission examined grounds of appeal, impugned order, appeal papers and heard learned counsel.

3. Complainant/respondent raised consumer complaint before Forum below seeking direction against OPs/appellants herein to consider a loan proposal and to sanction loan.  The OPs contested the complaint.  In view of rival contentions of parties to the complaint, Forum below allowed complaint in part and consequently held complainant is entitled to recover Rs.20,000/- towards compensation for deficiency in service and Rs.2,500/- towards cost of the proceedings.

4. Learned counsel for appellant submits that Forum below has failed to consider Ex.R2 to R4.  Ex.R4 is a letter dated 13.06.2014 addressed to District Industries Corporation referring PMEGP SCHEME proposal, wherein could see OPs are returning the application form of Vijaya Kumari w/o Venkatesh since she did not submitted the requirements before 31.03.2014.  On 26.03.2014 as per Ex.R2 a letter is addressed to Mrs.Vijaya Kumari with reference to her given proposal informing bank had called for the requirement for processing her application and requested her to furnish particulars of proposed new establishment. On 21.03.2014 as per Ex.R1 with reference to her proposal of PMEGP SCHEME, a letter is addressed to furnish as many as 5 documents mentioned in order to process her application and on 27.03.2014 once again it was informed to complainant Mrs. Vijaya Kumari with reference to her proposal as they had called for the requirements for processing the application and as they have not received all details from her.  In such circumstances, as complainant had failed to furnish necessary documents on or before 31.03.2014, her application was returned to District Industries Corporation. In such circumstances, in our view question of availing scheme by her under PMEGP does not arise at all, was not examined by the Forum below.  The Forum below had shown sympathy, awarded Rs.20,000/- as compensation and Rs.2,500/- towards cost of proceedings could not be said sustainable in law. Hence, Commission proceed to allow the appeal.  Consequently set aside the impugned order dated 22.03.2016 passed in CC/204/2014 on the file of District Consumer Disputes Redressal Forum, Bellary and in the result dismissed the complaint with no order as to cost.

5. Amount in deposit is directed to be transferred to Commission below for needful.

6. Send a copy of this Order to the District Commission and parties to the appeal.

        Lady Member                          Judicial Member

*GGH*