Date: 09.03.2022

O R D E R

        BY Mr. K.B.SANGANNANAVAR : JUDICIAL MEMBER

1. This is an appeal filed by OP.1 & 2/Appellants U/s.15 of CPA 1986 aggrieved by the order dtd.12.06.2017 passed in CC/01/2016 by Yadagiri DCDRF.
2. Learned counsel for the Appellants would submit that District Forum failed to consider the particulars submitted by the OPs/Appellants in their version para 6 commencing from sl.no.1 to 26.
3. We examined the impugned order and in particular para 25 wherein recorded OPs have failed to convince the Forum regarding the cheque bounced charges levied on the Complainant for alleged loan instalments dues, in spite of cleared off the dues payments by Complainant. So OPs have followed too technical procedures without considering the sincerity and promptness of the Complainant in making payment loan instalments and though it is good case to consider for reverse of cheque bounce charges entries shown unnecessarily in his loan account. Even then the banks have shown heir abundance or their technical stand on the said issues which is not encouragible one. In this regard, learned counsel for the Appellants would submit that the bank held the public money in trust and bank has to follow the procedure contemplated under the banking laws and RBI guidelines. If we examined the impugned order, could see that while directing the OPs to issue No Due Certificate in favour of the Complainant in respect of the vehicle loan account no.22119062 without charging and collecting any balance amount from the Complainant. Further directed to pay Rs.7,000/- + Rs.3,000/- total Rs.10,000/-, which in our view is in correct. In such conclusion, considering the grounds of appeal and submission of learned counsel for the Appellants, it would be just and proper to modify the impugned order to meet the ends of justice. Accordingly we proceed to allow the appeal. Consequently set aside the impugned order passed by District Forum dtd.12.06.2017 in CC/01/2016 and direct OP.1 & 2 to issue No Due Certificate in favour of the Complainant in respect of his vehicle loan account no.22119062 by collecting charge of Rs.13,505.52 and direct not to charge interest on this amount. Accordingly appeal stands disposed off.  

4. The amount in deposit is directed to be transfer to the Commission below for the needful.

5. Notify copy of this Order to the District Commission and parties.

   Lady Member                                Judicial Member              

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