12.08.2022

ORDER ON ADMISSION

By Sri Ravishankar, Judicial Member

The appellants/complainants have preferred this Appeal being aggrieved by the Order dt.29.11.2021 passed in CC.No.99/2020 on the file of District Consumer Disputes Redressal Commission, Hassan.

2.      Heard the arguments of appellant on admission.

3.      On going through the certified copy of the order and memorandum of the appeal, we noticed here that the complainant No.1 had obtained an educational loan to the tune of Rs.30,000/-  on 07.11.2005 in order to study nursing.  After completion of the education, she did not get any employment and she was unable to pay the outstanding due of Rs.27,349/-.  Subsequently the complainant No.1 got married and went to her husband’s house.  Due to non-payment of the educational loan, the said account became non-performance account.  Subsequently the complainant No.2 approached the Opposite Party Bank for clearance of the loan and insisted for supply of account extract/statement of account, but, the Opposite Party bank did not supply the account statement.  The Opposite Party Bank has filed Original Suit for recovery of the loan amount.  Hence, alleging deficiency in service on the part of the Opposite Party bank in filing the Original Suit with an intention to harass the complainant, the complainant has filed a complaint before the District Commission.  After trial, the District Commission dismissed the complaint as not maintainable. 

4.      Aggrieved by the said order, the appellants/complainants is in appeal.

5.      It is an admitted fact that the appellants/complainants are the defaulters in paying the loan which was raised towards education.  It is also not in dispute that the OS.No.449/2017 was initiated by the Opposite Party Bank for payment of the outstanding loan.  The appellants admit that they are ready to pay the loan amount in their pleadings.  Such being the case, the appellants can approach the Civil Court where the Original Suit was initiated for recovery and settle the matter.  Instead of that the appellants alleged deficiency in service on the part of the Opposite Party Bank and filed a complaint without any reason.  There is no any deficiency in service on the part of the respondent bank.  The District Commission has rightly dismissed the complaint.  We found that there is no ground to admit the appeal.  Accordingly, the appeal is dismissed at the stage of admission.

         Sd/-                                                      Sd/-

       (Sunita .C. Bagewadi)                             (Ravishankar)       

                 Member                                        Judicial Member