HARYANA STATE Vs. JASWANT & ANR

JUDGEMENT

(1.) HARYANA State through Deputy Commissioner, Jhajjar has filed the present appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 7.8.2001 passed by District Forum, Jhajjar in the complaint filed by Jaswant -complainant, whereby direction has been given to the appellant -opposite party No. 2 to release the subsidy amount to the complainant within one month from the date of the order.

(2.) PUT shortly, the facts of the case are that the loan amount of Rs. 40,000 was advanced to the complainant -Jaswant, who is an agriculturist, for the purposes of installation of sprinkler in his land by the Matenhail Primary Co -operative Agriculture and Rural Development Bank Limited, Matenhail - opposite party No. 1. The appellant has promised to pay Rs. 10,000 as subsidy to the complainant on account of loan advanced to him. Accordingly subsidy amount was deposited by the Haryana Government with the bank in the account of the complainant which was subsequently withdrawn. The complainant called upon the opposite party to honour the commitment made to him. But finding no response from the appellant, he filed the present complaint seeking direction against the appellant to pay the subsidy amount of Rs. 10,000 and the damages. The claim was contested by the appellant. It was pleaded in the written statement filed that payment of subsidy was not the pre -condition of the advancement of the loan to the complainant and at no stage any promise to pay the subsidy was extended to the complainant by it and for that reason the complaint merited dismissal.

(3.) THE District Forum on appraisal of the pleadings of the parties and evidence adduced on record, accepted the complaint and issued the direction noticed in the earlier part of the order. It is, thereafter, the present appeal has been filed.