ANDHRA PRADESH CO-OP HOUSING FEDERATIONS LTD Vs. P. KAMALAMMA
LAWS(NCD)-2021-2-30
NCDRC
Decided on February 01,2021

Andhra Pradesh Co-Op Housing Federations Ltd Appellant
VERSUS
P. Kamalamma Respondents

JUDGEMENT

DEEPA SHARMA,J. - (1.) The present Revision Petition, under Section 58 (1) (b) of the Consumer Protection Act, 2019 (for short "the Act") has been filed against the order 22.08.2012 of the State Consumer Disputes Redressal Commission, Andhra Pradesh (for short "the State Commission") in Appeal No.862 of 2010. The Petitioner had filed the said Appeal against the order dated 13.05.2010 of the District Consumer Disputes Redressal Forum, Kadapa (for short "the District Forum") in Complaint No.129 of 2009 filed by the Complainant. The Petitioner was the Opposite Party No.2 in the said Complaint.
(2.) It is argued by learned Counsel for the Petitioner that the concurrent findings of the Foras below are premised on the wrong appreciation of the facts. It is submitted that since the loan amount is due towards the Complainant/Respondent No.1, the relevant documents pledged towards the loan cannot be released to him. It is submitted that the impugned order is illegal and perverse and therefore, is liable to be set aside.
(3.) It is argued by learned Counsel for the Complainant/Respondent No.1 that the letter dated 11.01.2008 written by the Respondent No.2 to the Petitioner itself shows that the entire loan amount etc. had been cleared by the Complainant and nothing was due and therefore, the stand taken by the Petitioner is contrary to the facts proved on record. It is submitted that the findings of the Foras below are based on the evidences led before it and therefore, are not perverse. It is further argued that this Commission is not permitted to substitute its own opinion to that concurrent finding of the Foras below in exercise of its revisional jurisdiction.;


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