STATE BANK OF INDIA Vs. SHILENDER CHAUDHARY

JUDGEMENT

(1.) THIS appeal is preferred against the order dated 29.6.2007 passed by the District Consumer Disputes Redressal Forum, Karnal whereby complaint No. 314/2006 filed by the respondent -complainant against the appellant - opposite party was accepted by granting following relief:

(2.) THE brief facts of the present case not disputed between the parties are that the respondent -complainant had obtained a loan of Rs. 2,50,000 from the appellant -opposite party on 5.10.2000 for purchase of car. The loan was to be repaid by the complainant to the opposite party in 60 instalments of Rs. 5,300 each which commenced from November, 2000. After depositing 61 instalments, the complainant sought "No Objection Certificate" as well as the refund of Rs. 5,300 i.e. the amount of 61st instalment, however, the opposite party informed to the complainant that a sum of Rs.39,000 was still due and outstanding against the complainant. Legal notice through registered A.D. was also served by the complainant upon the opposite party. Thus, alleging it a case of deficiency of service, the complainant invoked the jurisdiction of the District Consumer Forum filing the present complaint.

(3.) UPON notice, the opposite party appeared and contested the complaint. In the written statement, it took the plea that a sum of Rs. 40,28,993 was due from the complainant for which the opposite party had filed a civil suit against him on 24.8.2006 and prayed for dismissal of the complaint.