BRANCH MANAGER, STATE BANK OF BIKANER AND JAIPUR AND ANOTHER Vs. GAURAV @ VIPIN SHARMA AND ANOTHER S/O SH.VINOD KUMAR SHARMA

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 against the order dated 09.06.2011, passed by the Rajasthan State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission') in First Appeal No. 252/2009, "Gaurav alias Vipin Sharma and Ors. v. Branch Manager, State Bank of Bikaner and Jaipur", vide which, while allowing the appeal, the order dated 08.05.2009 , passed by the District Forum Camp Balotra in consumer complaint No. 282/2008, dismissing the said complaint, was set aside.

(2.) Briefly stated, the facts of the case are that the complainant Gaurav @ Vipin Sharma applied for loan to the District Industries Centre, Barmer, Rajasthan under the Scheme for Educated Unemployed Persons, known as the Prime Minister Rozgar Yojana. He received training under the said Scheme from 11.01.2007 to 20.01.2007 from the District Industries Centre and a certificate was also issued to him by the General Manager of the Centre. The said Centre then forwarded his application for loan to the opposite party (OP)/petitioner, the State Bank of Bikaner and Jaipur for sanctioning the said loan. However, despite completion of certain formalities, the Bank refused to sanction the loan on the plea that he did not fulfil the eligibility criteria with regard to his education. The consumer complaint in question bearing No. 282/2008 was then filed before the District Forum Balotra, which decided the same vide their order dated 08.05.2009. The District Forum dismissed the complaint observing that the complainant had not submitted any certificate to the Bank with regard to his educational qualifications. Being aggrieved against the order of the District Forum, the complainant challenged the same by way of appeal No. 252/2009. Vide impugned order dated 09.06.2011, the said appeal was allowed observing as follows:-

(3.) Being aggrieved against the said order of the State Commission, the OP Bank is before this Commission by way of the present revision petition.