State Consumer Disputes Redressal Commission
The Branch Manager, Magma Leasing Ltd. vs Prasanta Kumar Das on 16 November, 2022
Cause Title/Judgement-Entry IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION ODISHA, CUTTACK First Appeal No. A/982/2009 ( Date of Filing : 27 Nov 2009 ) (Arisen out of Order Dated 28/10/2009 in Case No. CC/122/2007 of District Kendujhar) 1. The Branch Manager, Magma Leasing Ltd. 1st Floor, Singh Market Complex, Sirajuddin Chowk, Keonjhar. ...........Appellant(s) Versus 1. Prasanta Kumar Das S/o: Gopal Chandra Das, Vill.: Barbil Basti, Dist.: Keonjhar ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT HON'BLE MR. Pramode Kumar Prusty. MEMBER HON'BLE MS. Sudihralaxmi Pattnaik MEMBER PRESENT: M/s. R.K. Pattanaik & Assoc., Advocate for the Appellant 1 Mr. J. Panda, Advocate for the Respondent 1 Dated : 16 Nov 2022 Final Order / Judgement
Heard learned counsel for the appellant.
2. This appeal is filed U/S-15 of erstwhile Consumer Protection Act,1986(herein-after called the Act). Hereinafter, the parties to this appeal shall be referred to with reference to their respective status before the learned District Forum.
3. The case of complainant, in nutshell is that the complainant had availed the loan from the OP in the year 2003 by executing an agreement between the parties. It is alleged that the complainant has cleared the loan amount with interest but not got back the five post -dated cheques from the OP. Inspite of request the OP did not return same for which the complaint case was filed.
4. The OP filed written version alleging that all the loan amount was cleared by 20.06.2005, but admittedly to have received five nos. of post date cheques which are retain by them at Calcutta. They are ready to return the cheques. Therefore, they have no deficiency in service on the part of the OP.
5. After hearing both the parties, learned District Forum passed the following order:-
Xxxx xxxx xxxx " We direct the OP to return the 5 nos. of post-dated cheques of above mentioned to the complainant with compensation and financial loss of Rs.20,000/-(twenty thousand) for harassment and mental agony and with cost of Rs.2,000/- (two thousand) towards litigation cost within a month of time from the date of this order."
6. Learned counsel for the appellant submitted that they are ready to return the 5 nos. of post date cheques to the complainant and submits to reduce the cost and compensation.
7. Considered the submission of learned counsel for the appellant, perused the DFR and impugned order.
8. It is admitted fact that the complainant had availed loan from the OP and the loan has been recovered from the complainant with interest. The complainant deposited 5 nos. of post-date cheques with the OP which are retained by with them. The OP is ready to return 5 nos. of cheques retained with them. Therefore, we confirmed the impugned order by modifying the impugned order by the directing the OP to return the 5 nos. post dated cheques within a period of 45 days from the date of order and reduce the compensation from Rs.20,000/- to Rs.10,000/- alongwith cost of Rs.2,000/- ,failing which the entire order passed by the learned District Forum would remain in force.
The appeal is disposed of accordingly.
Free copy of the order be supplied to the respective parties or they may download same from the confonet or webtsite of this Commission to treat same as copy of order received from this Commission.
DFR be sent back forthwith. [HON'BLE MR. JUSTICE Dr. D.P. Choudhury] PRESIDENT [HON'BLE MR. Pramode Kumar Prusty.] MEMBER [HON'BLE MS. Sudihralaxmi Pattnaik] MEMBER