1. Allegaing deficiency of service and unfair trade practice the complainant filed this case against the O.P for a direction for waive of the loan repayment and pray for compensation.
2.The case of the complainant in brief is that he had availed a loan of Rs.53,000/- on 20.2.1986 and on the very day the O.P sanctioned Rs.24,000/- to the complainant. He had received Rs.24,000/- from the O.P.The complainant started his business smoothly on 4.8.1992 and liquidated the entire loan amount along with acquired interest. Thereafter the complainant approached for sanction of Rs.1,00,000/- for running his business, but the O.P. on 28.8.1992 sanctioned Rs.40,000/-.Again the O.P on 31.3.1995 sanctioned Rs.1,00,000/- favour of the complainant. The complainant run his unit smoothly until 12.8.1996, but due to price hike of raw materials all of a sudden it was uneasy on the part of the complainant to manage the said unit. Again the complainant requested the O.P. to enhance the loan amount to Rs.3,00,000/-.As the O.P could not take any steps, the unit of the complainant could not functioned and closed. The complainant could not able to repay the loan amount which he had taken loan on 31.3.1995 for which the O.P. initiated a case against the complainant for realization of the loan amount. As the complainant could not get the loan amount from the O.P he has filed this case against the O.P. for waive out of the loan amount and compensation.
3. After being noticed, the O.P. appeared filed counter in this case. The case of the O.P. is that the case is not maintainable and the complainant is defaulter relating to loan availed by him and a money suit No. TMS 35/97 filed by the O.P which ended decree in favour of the Bank.
4.The point for determination whether the case is maintainable and the case is barred by time.
5.The allegation against this case arose on 12.8.1995 which has been mentioned by the complainant and the case has been filed on 2.5.2014 after lapse of more than 19 years. The complainant came up with this case for the relief should be filed within the time of limitation .As such we decide the case on the point of limitation and dismiss the case of the complainant as it is barred by time. This case is disposed of accordingly.
Order pronounce din the open court under seal and signature of the forum this the 23rd day of December,2014.