Back
SUDIP AHLUWALIA, INDER JIT SINGH
Deputy Director, Coffee Board – Appellant
Versus
K. A. Roy – Respondent
ORDER
Sudip Ahluwalia, Presiding Member.—These Revision Petitions have been filed against the impugned Order dated 30.11.2016 passed by the Ld. State Consumer Disputes Redressal Commission, Kerala in FA No. 755-756/2015 and FA No. 527/2015, vide which the Orders of the Ld. District Forum affirming the Complaints were upheld.
2. The Revision Petitions arise from the common impugned Order and involve two Complaints which are identical in all material particulars, therefore these Petitions are being disposed of by this common Order. However, for the sake of convenience, RP/2516/2017 is treated as the lead case, and the facts enumerated hereinafter are extracted from this Complaint.
3. The factual circumstances leading up to the present Petition are that the Complainant/Respondent No. 1, a coffee cultivator, had taken an agricultural loan in 1999 from the Respondent No. 2 (in RP/2516-2517/2017)/Petitioner (in RP/2612/2017)/Bank for coffee cultivation. Due to severe drought and a decline in the price of agricultural produce, the Complainant was unable to repay the loan, leading to its becoming overdue. Despite the loan being rescheduled, the Complainant was still unable to settle it, re
Dispute involving rendition of accounts & excess interest on loan between parties fell under business domain of cooperative society, requiring to be adjudicated by arbitration.
The main legal point established in the judgment is the application of res-judicata in the context of the Consumer Protection Act and the competence of the Consumer Forum to decide the issue of settl....
Consumer claims are maintainable notwithstanding alternative remedies under cooperative society laws.
Rate of Interest - the rate of interest mentioned would be the rate applicable for the duration of the ‘scheme’ and not any other rate.
Consumer complaints are maintainable even in the presence of arbitration clauses, affirming consumers' rights under the Act for effective redressal.
Revisional Jurisdiction – Concurrent decisions of District Forum & State Commission cannot be set aside by this National Commission as it cannot go into re-appreciation of evidence.
“Any customer who deposits amount under Reinvestment Plan is under assumption that the FDR will be renewed either till he approaches or gives any other specific instruction to the Bank.”
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
