State Bank Of Bikaner And Jaipur Rampur, Tehsil Bansur Distt. Alwar, Rajasthan vs BHANWAR SINGH

THIS revision petition has been filed by the petitioner/OP against the order dated 09.10.2013 passed by the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (in short, ''the State Commission '') in Appeal No. 1100/2011 - State Bank of Bikaner & Jaipur & Ors. Vs. BhanwarSingh & Ors. by which, while dismissing appeal, order of District Forum allowing complaint was upheld.

BRIEF facts of the case are that complainant/respondent availed loan of Rs. 2,30,000/ - from the OP/petitioner and purchased a tractor. Complainant could not re -pay loan in time. In 2008, Central Government introduced Prime Minister Debt Waiver Scheme and under that scheme, OP asked complainant to deposit amount under waiver scheme to get substantial relief. Complainant deposited amount with the OP and complainant asked OP to issue waiver certificate, but that was not issued and illegal demand of Rs.20,000/ - was made from him. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that complainant did not fall under the scheme and OP has not committed any deficiency and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP -1 to issue ''no due certificate '' to the complainant within one month in reference to closed loan account along with litigation expenses. Appeal filed by the petitioner was dismissed by learned State Commission vide order dated 3.8.2012 and this Commission vide order dated 26.8.2013 in R.P. No. 65 of 2013 remanded the matter back to the learned State Commission to decide appeal by speaking order. Learned State Commission vide impugned order again dismissed appeal against which this revision petition has been filed.

HEARD learned Counsel for the parties finally at admission stage and perused record. Learned Counsel for the petitioner submitted that inspite of directions by this Commission, learned State Commission has not passed speaking order; hence, revision petition be allowed and matter may be remanded back to learned State Commission for disposal by speaking order. On the other hand, learned Counsel for the respondent submitted that District Forum elaborately discussed submissions of the parties and order passed by learned State Commission is in accordance with law; hence, revision petition be dismissed.

THIS Commission vide order dated 26.8.2013 in R.P. No. 65 of 2013 directed State Commission to decide appeal by speaking order, but it is unfortunate that State Commission instead of deciding appeal by speaking order, again repeated earlier order and dismissed appeal without any speaking order.

HON ''ble Apex Court in (2001) 10 SCC 659 - HVPNL Vs. Mahavir observed as under: "1. In a number of cases coming up in appeal in this Court, we find that the State Consumer Disputes Redressal Commission, Haryana at Chandigarh is passing a standard order in the following terms: ''We have heard the Law Officer of HVPN - appellant and have also perused the impugned order. We do not find any legal infirmity in the detailed and well -reasoned order passed by District Forum, Kaithal. Accordingly, we uphold the impugned order and dismiss the appeal ''. 2. We may point out that while dealing with a first appeal, this is not the way to dispose of the matter. The appellate forum is bound to refer to the pleadings of the case, the submissions of the counsel, necessary points for consideration, discuss the evidence and dispose of the matter by giving valid reasons. It is very easy to dispose of any appeal in this fashion and the higher courts would not know whether learned State Commission had applied its mind to the case. We hope that such orders will not be passed by the State Consumer Disputes Redressal Commission, Haryana at Chandigarh in future. A copy of this order may be communicated to the Commission".

CONSEQUENT LY , revision petition filed by the petitioner is allowed and impugned order dated 09.10.2013 passed by learned State Commission in Appeal No. 1100 of 2011 - State Bank of Bikaner & Jaipur Vs. Bhanwar Singh & Anr. is set aside and matter is remanded back to the learned State Commission for deciding it by speaking order after giving an opportunity of being heard to the parties.

PARTIES are directed to appear before the learned State Commission on 21.10.2014.