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Cause Title/Judgement-Entry
IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
First Appeal No. A/267/2008
( Date of Filing : 02 Apr 2008 )
(Arisen out of Order Dated 28/02/2008 in Case No. CD/17/2007 of District Rayagada)
 
1. Orissa State Financial Corporation,
represented by its Branch Manager, Rayagada Branch, At- Main Road,Rayagada, Po/Ps/Dist- Rayagada.
...........Appellant(s)
Versus
1. Sri Mallikarjuna Rao,
S/o- Late Appalaswamy, Utkal Printers, At- Station Road, Dist- Rayagada.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
 
PRESENT:M/s. S. Rath & Associates., Advocate for the Appellant 1
 M/s. M.K. Pati & Associates., Advocate for the Respondent 1
Dated : 30 Jun 2021
Final Order / Judgement

                                                                                                                                                                           

          Heard learned counsel for the appellant. None appears for the respondent.

2.      Here is an appeal filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to this appeal shall be referred to with reference to their respective status before the District Forum.

3.   The factual matrix leading to the case of the complainant is that the complainant has incurred loan of Rs.2,53,000/- on 1.3.2000 and NEF loan of Rs.97,000/- on the same day. As such the total amount of Rs.3,28,000/- was sanctioned for disbursement to the complainant. It was agreed between the parties that the loan amount should be repaid by 3.7.2005 and the complainant was paid the said loan amount. It is alleged inter alia that for incurring loan he has pledged Sanchaya Vikas Patra with the OP. After the loan was cleared the complainant asked to return the Sanchaya Vikas Patra but it was not returned by the OP. Finding no other way, he filed the complaint case.

4.      OP filed written version stating that they have extended the loan amount as alleged to the complainant and Sanchaya Vikas Patra was pledged as security against the said loan. It is averred that the loan amount of Rs.2,53,000/- has been repaid but the NEF loan for Rs.97,000/- has been only partly paid back. Therefore, the OP did not release the Sanchaya Vikas Patra. There is no deficiency of service on the part of the OP.

5.      After hearing learned counsel for both parties, learned District Forum passed the following impugned order:-

                             “xxx   xxx   xxx

The petition of the complainant is allowed on contest against the OPs with costs.

The OPs are directed to release the Sanchaya Vikash Patra which was matured on 4.11.2000 and its maturity value is Rs.38,508.28p and pay interest at the rate of 12% P.A. to the complainant from 5.11.2000 till its return. The action of the OPs in the matter is found to be a deficiency of service, this forum direct the Ops to pay a monetary compensation of Rs.10,000/- (Rupees ten thousand) to the complainant for suffering financial loss and mental agony along with a litigation cost of Rs.2000/- (Rupees two thousand).

The OPs are directed to comply the above order within a period of one month from the date of receipt of this order, failing which the complainant is at liberty to proceed against the OPs by invoking the provisions  u/s 25 & 27 of the C.P.Act.”

6.      Learned counsel for the appellant submitted that the learned District Forum has passed the impugned order without understanding the contents of the written version. According to him the learned District Forum ought to have gone through the documents filed by the OP but it is observed in the impugned order that the OP has not filed any documents. Thus, the learned District Forum has ignored the documents of the OP.

7.      Learned counsel for the appellant submitted that the Sanchaya Vikas Patra was pledged for first loan and re-pledged for the second loan. Since NEF loan was not cleared, the Sanchaya Vikas Patra was no


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