MITHRA AGENCIES Vs. BANK OF BARODA

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the impugned order dated 18.02.2015 passed by the Andhra Pradesh State Consumer Disputes Redressal Commission, (hereinafter referred to as, 'the State Commission') Hyderabad whereby dismissing the Complaint preferred by the Respondent after going into the facts set out in the Complaint as well as the Written Statement filed by the Opposite Party Bank. It held that as the Appellant herein (the Complainant) had repaid the entire amount of loan without protest and had closed the account, the question of claiming refund of excess interest alleged to have been charged by the Respondent Bank does not arise and the complaint has been dismissed as not maintainable.

(2.) We are of the considered opinion that there may be 101 reasons for a commercial establishment like the present Appellant/Complainant not to raise any dispute regarding charging of interest while settling the accounts in order to maintain cordial relationship with the Bankers; that will not disentitle the Complainant herein to pursue its remedy as provided under the law. If the Complainant/Appellant could have filed a Civil Suit for recovery of excess interest amount charged by the Respondent Bank, there is no reason as to why Complaint under the provisions of the Consumer Protection Act, 1986 cannot be filed. The grounds given for dismissing the Complaint as not maintainable, in our considered opinion, cannot be sustained.

(3.) The impugned order is set aside and CC/159/2013 is restored to the original number on the file of the State Commission. The State Commission is requested to decide the said Complaint expeditiously in accordance with law, preferably within a period of six months from the date a certified copy of this is order is filed before the State Commission.