State Consumer Disputes Redressal Commission
Kubihal Vss Bank Ltd. vs Ningappa Ulavappa Benni on 23 May, 2024
1 Appeal No.3874/2011
Date of Filing : 19.11.2011
Date of Disposal : 23.05.2024
BEFORE THE KARNATAKA STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)
DATED THIS THE 23rd DAY OF MAY 2024
PRESENT
Mr. K.B.SANGANNANAVAR : JUDICIAL MEMBER
Mrs. M.DIVYASHREE : LADY MEMBER
APPEAL NO.3874/2011
Kubihal VSS Bank Ltd.
Kubihal, Tq. Kundgol
Dharwad.
Rep. by its Manager
Gurusiddappa Basavanneppa Horaginamani,
Age 44 Years, Occ: Service,
R/o Kubihal, Tal. Hubli ..Appellant/s
(By Adv.Sri.J.R.Mandre)
Vs
Ningappa Ulavappa Benni
Aged about 60 Years,
Occ: Agriculture,
R/o Kubihal, Tal. Kundgol,
Dharwad. ..Respondent/s
(By Adv.Sri.P.G.Upanal)
ORDER
BY Mr.K.B.SANGANNANAVAR : Pri.Dist & Session Judge (R) - JUDICIAL MEMBER.
1. This is an appeal filed U/s.27-A of CPA 1986 by Jdr/Appellant aggrieved by the order dtd.28.10.2011 passed in 2 Appeal No.3874/2011 EA/178/2007 on the file of Dharawad District Forum (Parties to the appeal henceforth are referred to their rank assigned to them by the District Commission).
2. The Appellant herein is a Co-operative Bank and the Respondent was a member of the said bank.
3. This is an appeal filed U/s.27A of CPA 1986 contending Jdr neither committed any deficiency in service nor liable to pay any sort of damages or compensation to any member much less the Dhr. Let us examine the record and it would be just and proper to make mention of the fact that one Mr.Ningappa Ulavappa Benni/Respondent has raised consumer complaint on 17.03.2006 in CC/53/2006 for issuance of direction to furnish accounts of the Complainant and to pay Rs.5,865/- taken in excess from the Complainant with interest at 12% p.a. from 31.03.2003 till realisation and also to pay Rs.5,000/- as compensation and this complaint was contested by OP/Appellant herein. In view of rival contentions of the parties to the complaint District Forum held an enquiry in detail and on 09.08.2006 arrived at a conclusion that OP/Appellant herein had rendered deficiency in service is liable to pay Rs.5,865/- along with interest at 9% p.a. from 31.03.2003 till realisation and to pay Rs.500/- as compensation for mental agony and 3 Appeal No.3874/2011 Rs.100/- as cost of litigation. Aggrieved by the said order, OP preferred WP/61686/2010 (GM-CON) on the file of Hon'ble High Court, Circuit bench at Dharwad and the Hon'ble High Court on 25.01.2011 held, impugned order dtd.26.02.2010 passed in EA/178/2007 is not as per the provisions of the CrPC, 1973 and as a result remitted back the matter to District Forum to decide in accordance with law and after remand the District Forum in detail held on 28.10.2011 that "......Forum has given findings and the order passed on previous occasion and for the reasons as the prayer of Jdr is too belated and for also on the reasons the prayer of the Jdr in this criminal proceedings could not be entertain and considered." Thus, held that there is no merits in the prayer of Jdr and hence dismissed the application of Jdr with cost of Rs.500/- payable to the Forum. It is this order is assailed before the Hon'ble High court and the Hon'ble High court, Circuit Bench at Dharwad on 07.06.2011 in WP/63300/2011 (GM-CON) held "proceeding is initiated as contemplated U/s.27 of CPA, 1986. Against the order passed U/s.27 of the Act, an appeal is provided to the State Consumer Dispute Redressal Commission U/s.27(A) of the Act, and hence the WP is not maintainable. The same is accordingly disposed of with liberty to file an appeal." After disposal of the WP, Jdr 4 Appeal No.3874/2011 preferred this appeal U/s.27(A) of CPA 1986 contending the Forum ought to have considered the immunity given to the Society under the provisions of Sec.127 of the Karnataka Co- operative Societies Act. Further submitted, OP is only mediator acting between the borrower and the principal bank and the District Forum predetermined to shift the burden on the shoulders of the Appellant bank, more so when there is any sort of deficiency in service. In this regard, we are of the view, not necessary to reiterate all the reasons recorded by the District Forum in EA/178/2007, while passing the impugned order, but some reasons holding that, the very application filed by Jdr before District Forum in EP is held not maintainable since Jdr has not chosen to pay the award amount except preferring appeals on appeals though the District Forum in CC/53/2006 held in detail as to how OP bank has rendered deficiency in service is liable to pay Rs.5,865/- with interest. Further to be noted herein that the District Forum, while executing the award obtained in CC/53/2006 cannot go behind the award passed by it and in such view of the matter, we do not find any legal grounds to interfere in the impugned order dtd.28.10.2011 passed in EA/178/2007. Hence, proceed to dismiss the appeal 5 Appeal No.3874/2011 filed U/s.27(A) of CPA 1986 with cost of Rs.5,000/- payable to Respondent.
4. Notify copy of this Order to the District Commission and parties.
Lady Member Judicial Member *NS*