VIJAYA BANK Vs. CHIKKAPPAIAH

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 10.11.2009 passed by the Karnataka State Consumer Disputes Redressal Commission, Bangalore (in short, 'the State Commission') in Appeal No. 3025/2009 Vijaya Bank Vs. Chikkappaiah by which, while dismissing appeal, order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that Complainant/respondent borrowed loan of Rs.3,10,000/- on 14.9.2004 for purchase of tractor and opened two loan accounts in OP's bank. Complainant deposited R.C. Book of his tractor KA-44-T-210 and OP was to pay tractor insurance premium regularly in August month of the year. It was further submitted that OP paid premium on 29.8.2004 and in August, 2005, 2006 and 2007. Tractor was damaged in an accident on 27.9.2008 and FIR was registered. Complainant incurred expenses of Rs.53,000/- in repair of tractor. Complainant intimated to OP and submitted claim, but OP replied that no insurance premium for the year 2008 has been paid. Complainant approached OP who did not give any answer. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP was proceeded ex-parte before District forum. District Forum after hearing complainant allowed complaint and directed OP to pay Rs.58,000/- with 10% p.a. interest and further directed to pay Rs.5,000/- to the complainant as damages and Rs.500/- as cost of litigation and further directed OP to deposit Rs.5,000/- with Consumer Legal Aid Account. Appeal filed by OP was dismissed by learned State Commission at admission stage vide impugned order against which, this revision petition has been filed.

(3.) None appeared for respondent even after service and he was proceeded ex-parte.