PCARDB Vs. SATBIR SINGH

JUDGEMENT

(1.) This revision petition has been filed against the order dated 21.6.2011 passed by the Haryana State Consumer Disputes Redressal Commission, Panchkula (in short, 'the State Commission') in Appeal No. 789 of 2011 PCARDB Vs. Satbir Singh & Ors. by which while dismissing appeal, order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that complainant/Respondent No. 1 had raised a loan of Rs.4,00,000/- from petitioner/opposite party in order to run his soap manufacturing unit. The loan was sanctioned by OP/Respondent No. 2 by mortgaging the immovable property of the complainant and loan amount was to be disbursed to the complainant in three instalments. First instalment of Rs. 1,75,000/- was disbursed on 13.3.2009 and second instalment of Rs.1,00,000/- was disbursed on 30.3.2009 to the complainant, but the third instalment of Rs.1,25,000/- was withheld by opposite party. Complainant served notice on the opposite party for release of third instalment, but opposite party vide its order dated 19.8.2009 informed that for want of utilization certificate of two instalments, third instalment of loan could not be disbursed. In such circumstances, complainant alleging deficiency on the part of opposite parties filed complaint. Opposite parties filed written statement and took the plea that complainant did not properly utilize first two instalments so the third instalment could not be validly released, hence, complaint may be dismissed. Learned District Forum vide order dated 27.4.2011 allowed complaint and directed opposite party to release third instalment of Rs.1,25,000/- to the complainant within a period of one month and further awarded Rs.1,00,000/- as litigation expenses. This order was challenged by the petitioner before the State Commission and the learned State Commission vide its impugned order dismissed appeal.

(3.) Heard Learned Counsel for the parties and perused record.