IMPORTANT POINT
“Entire loan amount if paid title document as pledged has to be released.”

ORDER (ORAL)

Deepa Sharma, Presiding Member.—The present Revision Petition, under Section 58 (1) (b) of the Consumer Protection Act, 2019 (for short “the Act”) has been filed against the order 22.08.2012 of the State Consumer Disputes Redressal Commission, Andhra Pradesh (for short “the State Commission”) in Appeal No.862 of 2010. The Petitioner had filed the said Appeal against the order dated 13.05.2010 of the District Consumer Disputes Redressal Forum, Kadapa (for short “the District Forum”) in Complaint No.129 of 2009 filed by the Complainant. The Petitioner was the Opposite Party No.2 in the said Complaint.

2. It is argued by learned Counsel for the Petitioner that the concurrent findings of the Foras below are premised on the wrong appreciation of the facts. It is submitted that since the loan amount is due towards the Complainant/Respondent No.1, the relevant documents pledged towards the loan cannot be released to him. It is submitted that the impugned order is illegal and perverse and therefore, is liable to be set aside.

3. It is argued by learned Counsel for the Complainant/Respondent No.1 that the letter dated 11.01.2008 written by the Respondent No.2 to the Petitioner itself shows that the entire loan amount etc. had been cleared by the Complainant and nothing was due and therefore, the stand taken by the Petitioner is contrary to the facts proved on record. It is submitted that the findings of the Foras below are based on the evidences led before it and therefore, are not perverse. It is further argued that this Commission is not permitted to substitute its own opinion to that concurrent finding of the Foras below in exercise of its revisional jurisdiction.

4. I have heard the arguments of learned Counsel for the Petitioner and the Respondent No.1. None is present on behalf of Respondent No.2

5. It is a settled proposition of law as held by the Hon’ble Supreme Court in a number of pronouncements that this Commission in exercise of its revisional jurisdiction cannot re-appreciate and re-assess the findings and reach to its own conclusion or findings on the facts of the case, moreso if the findings of the Foras below are concurrent. It has been held that the only limited revisional jurisdiction with this Commission has, is to see whether the findings of the Foras below are perverse or whether the Foras below have failed to exercise its jurisdiction or have exceeded its jursidction. A finding can be said to be perverse finding when it is based on an evidence which does not form part of the record or where the material piece of evidence on record has not been considered and which evidence is of such nature which effects the entire conclusion. It has been so held by the Hon’ble Supreme Court in “Rubi (Chandra) Dutta Vs. United India Insurance Co. Ltd., 2013(2) CPR 14 (SC): (2011) 11 SCC 269” has held as under:

“23. Also, it is to be noted that the revisional powers of the National Commission are derived from Section 21 (b) of the Act, under which the said power can be exercised only if there is some prima facie jurisdictional error appearing in the impugned order, and only then, may the same be set aside. In our considered opinion there was no jurisdictional error or miscarriage of justice, which could have warranted the National Commission to have taken a different view than what was taken by the two Forums. The decision of the National Commission rests not on the basis of some legal principle that was ignored by the Courts below, but on a different (and in our opinion, an erroneous) interpretation of the same set of facts. This is not the manner in which revisional powers should be invoked. In this view of the matter, we are of the considered opinion that the jurisdiction conferred on the National Commission under Section 21 (b) of the Act has been transgressed. It was not a case where such a view could have been taken by setting aside the concurrent findings of two Fora”.

6. Again in “Lourdes Society Snehanjali G