BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION : HYDERABAD.

F.A.No. 322 OF 2017 AGAINST ORDERS IN C.C.43/2014 DISTRICT CONSUMER COMMISSION, MAHABUBNAGAR Between:

The Branch Manager, Union Bank of India, Palem Branch, Main Road, Bijinapally Mandal, Mahabubnagar District- 509215. ………..Appellant/Opposite Party And:

Mr.K.Praveen Kumar, S/o Venaiah, Aged about 35 years, Occ.: Business, R/o H.No.3-17, Palem Village, Bijinapally Mandal, Mahabubnagar Dist. 509215.

………Respondent/ Complainant Counsel for the Appellant/ Opposite Party : M/s N.V.Subba Raju For the Respondent/Complainant : Notice served HON’BLE SMT. JUSTICE DR.G.RADHA RANI, PRESIDENT HON’BLE SMT. MEENA RAMANATHAN, MEMBER – (NJ)

THURSDAY, THE 12^th DAY OF FEBRUARY TWO THOUSAND TWENTY SIX *******

Order :

PER HON’BLE SMT. MEENA RAMANATHAN, MEMBER (NON-JUDICIAL)

1. The appeal is filed u/s 15 of Consumer Protection Act, 1986 by the Opposite Party, aggrieved by the order of District Consumer Commission, Mahabubnagar, dated 31.07.2017 in CC 43/2014 and prays this Commission to allow the appeal by setting aside the order of the Commission below and may be pleased to pass such other order or orders which may deem fit and proper in the circumstances of the case.

2. The brief averments of the complaint are that the complainant is running a business shop for his livelihood and opened a SB Account in opposite party Bank-Palem Branch. On 11.11.2013 he noticed that a sum of Rs.59,598/- was not accounted for. On approaching the opposite party, he was told that the amount was transferred to the crop loan obtained by his father. This was done without his knowledge and he claims this action of the opposite party is illegal.

His father obtained a crop loan of Rs.50,000/- in the year 2010 on deposit of his land pass book from the opposite party. At the time of disbursing this crop loan, he submits that the opposite party deducted the premium amount for any further liabilities. Yet this manner of deduction of unpaid dues without notice amounts to deficiency in service. Hence, the present complaint is raised with the reliefs as prayed for supra.

3. Written version of the opposite party :- It is admitted that the complainant is having a SB account vide 365402010004165 with their Palem Branch, Mahabubnagar, since 2012. It is also admitted that on 11.11.2013 the complainant approached this opposite party and intimated the loss of Rs.59,598/- from his account. After verification, they informed him that the amount was transferred to the crop loan account of his father as his father had failed to repay the loan amount obtained by him in the year 2010.

They deny the allegation that the said recovery is illegal as it was done on the undertaking given by the complainant’s father to recover the amount from his legal heirs, if any amount is unpaid in the event of his death.

With the above submissions they seek to dismiss the case with costs, in the interest of justice.

4. Before the Commission below, complainant filed evidence affidavit as PW1 and marked Ex. A1 to A4. One Sri Kannan, Branch Manager of opposite party filed evidence affidavit and no documents were marked on behalf of the opposite party.

5. The District Commission, after hearing and considering the material on record, allowed the complaint in part directing the opposite party to pay an amount of Rs.59,598/- along with interest @ 18% per annum from November 2013 till the date of realization to the complainant and to pay compensation of Rs.20,000/- and Rs.1,000/- towards the costs of the proceedings within one month from the date of the present order”.

6. The appeal was dismissed for non-prosecution by this Commission on 20.12.2022 and RA 6/2023 was filed with a prayer to recall the order of dismissal for non-prosecution by this Commission.

RA 6/2023 in FA 322/2017 in CC 43/2014 was dismissed on

05.09.2023 by this Commission on the grounds that this Commission has no power to set aside its orders as per Sec.50 of C.P.Act, 2019.

7. Aggrieved by