Date of filing : 22-11-2008 Date of order : 14-05-2009 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.258/08 Dated this, the 14th day of May 2009 PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SHYMALADEVI : MEMBER M.C.George, S/o. Chacko, Kundyam, Pettikundu.Po, } Complainant Kasaragod.Dt. (Adv. Santhosh Thomas, Hosdurg) The Manager, North Malabar Gramin Bank, Cheemani.Po, } Opposite party. Kasaragod.Dt. (Adv. Abdul Sathar, Hosdurg) O R D E R SRI.K.T.SIDHIQ, PRESIDENT The complaint is against the non-sanctioning of loan by the opposite party. According to the complainant his loan of Rs.50,000/- has been written off under debt relief scheme of the Central Government. There after he came to know that new loans are sanctioning to those who have received the benefits of debt waiver scheme. But when he approached for new loan the opposite party not only denied the loan but insulted him. Feeling aggrieved the complainant filed this complaint. 2. According to opposite party there was no occasion to insult the complainant. He was having a Kissan Credit loan as per REKC 295/04 and the same was written off by Central Government under Debt Waiver Scheme 2008. A certificate to that effect has been issued to complainant. When the complainant again sought a fresh loan he was requested to furnish the necessary papers to consider his loan. Accordingly the complainant had applied for a loan of Rs.30,000/- and the same was sanctioned on 19-12-2008. Hence the complaint became infractuous and is liable to be dismissed. 3. The complainant examined as PW1 and Exts A1 to A4 marked. Shri. M. Bhaskaran, the Manager, North Malabar Gramin Bank filed affidavit on behalf of opposite party and Exts B1 to B4 marked. Both sides heard. 4. The complaint is seen filed on 22-11-08 against the non-sanctioning of loan. But as per the version it is seen that the loan was subsequently sanctioned on 19-12-2008. The incident of insulting the complainant is denied by opposite party. The settled position of law is that the loan facility is a discretion of the banker. It is for the bank to decide whether a particular party is eligible for credit within the frame work of the credit policy laid down by the Government of India and Reserve Bank. In this case the bank had chosen to include the complainant in the eligibility group and accordingly loan was sanctioned on 19-12-2008. Therefore we do not find any deficiency in service on the part of opposite party. Accordingly the complaint fails and hence dismissed without any order as to cost. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Exts. A1.15-10-08 Photocopy of letter sent by complainant to OP. A2.10-12-08 letter sent by NMG Bank to complainant. A3(a)(b) Pass books A4.Deshabhimani Daily.19-11-2008. B1. 11-12-08 copy of loan application form submitted by complainant. B2. copy of agreement B3. Copy of undertaking letter.19-12-08 B4. 21-10-08 Copy of letter issued to the GM to NMG Bank Head Office, Kannur to OP. PW1. MC.George DW1. M.Bhaskaran Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Pj/ Forwarded by Order SENIOR SUPERINTENDENT
......................K.T.Sidhiq
......................P.P.Shymaladevi
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