LAWS(ORICDRC)-2005-7-5

TAHASILDAR-CUM-CERTIFICATE OFFICER Vs. HRUSHIKESH SAHOO

Decided On July 05, 2005
Tahasildar -Cum -Certificate Officer Appellant
V/S
Hrushikesh Sahoo Respondents

JUDGEMENT

(1.) THE Tahasildar -cum -Certificate Officer, Bir -Maharajpur has filed this appeal challenging the order of the District Forum directing him to remit Rs. 2,000/ - with interest thereon from the date of deposit to the respondent No. 2 and an amount of Rs. 20,000/ - as compensation to the respondent No. 1.

(2.) THE respondent No. 1 filed the complaint alleging deficiency in service on the part of the appellant. His case is that he took loan from the State Bank of India, Bir -Maharajpur Branch (respondent No. 2). On account of non -payment of the loan the respondent No. 2 filed a Certificate Case against him for recovery of the loan in the Court of the appellant. The appellant ordered to pay the loan amount by instalments. In obedience to the said order the respondent No. 1 paid Rs. 4,000/ - which was duly remitted by the appellant to the respondent No. 2. On 9.1.1995 he again deposited a sum of Rs. 2,000/ - but the appellant did not remit the said amount to the respondent No. 2. This according to the respondent No. 1 amounts to deficiency in service on the part of the appellant.

(3.) THE respondent No. 2 filed counter in the District Forum saying that he received only a sum of Rs. 4,000/ - towards the loan amount but did not receive the second instalment of Rs. 2,000/ - as stated by the respondent No. 1.