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2021 Supreme(J&K) 472

PANKAJ MITHAL, SANJAY DHAR
Assistant General Manager State Bank of India – Appellant
Versus
Javied Enterprises – Respondent


Advocate Appeared:
For the Appellant(s):Mr. Altaf Haqani, Sr. Advocate with Mr. Shakir Haqani and Mr. Q.R. Shamas, Advocates
For the Respondent(s):Mr. Nasir Ahmad Shalla, Advocate

Judgment (Oral)

Sanjay Dhar, J.-Appellant has filed the instant appeal under Section 17 of the J&K Consumer Protection Act challenging order dated 02.08.2018 passed by the J&K State Consumer Disputes Redressal Commission [‘the Commission’ for short hereinafter], whereby an award in the amount of Rs.20.00 lacs along with interest and litigation costs has been passed by the Commission in favour of the respondent herein (hereinafter referred to as the complainant) and against the appellant (hereinafter referred to as the opposite party).

2. The facts leading to the filing of the instant appeal are that the complainant filed a complaint before the Commission against the opposite party alleging deficiency of service on the part of the opposite party and claimed compensation in the amount of Rs.22,20,000/ along with interest.

3. The case set up by the complainant before the Commission was that his house was mortgaged and the stocks in trade were also hypothecated with the opposite party as the complainant had availed cash credit facility from the opposite party. It was contended before the Commission that on account of floods which wreaked havoc in Srinagar City in September, 2014, the h

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