The disputes raised before us as was consumer disputes virtually is an appeal for enforcement of the obiter observation made by the commission in its order dated 12.6.93.

 

2. The Complainant/Petitioner owned a truck bearing No.MLK-6394 a public carrier which was financed by the Respondent Bank. The said truck fell into a river at Silchar, Jowai road near Sonapur and washed away due to land slide. The complainant lodged his claim to the Insurance Company and on its failure to settle the claim the complainant submitted his application before this Forum which was numbered and registered as C.P.No.114/92. The Insurance Company decided to reopen the case and agreed to pay the sum of Rs.2,51,000/-. The Commission accepted the said offer as just, reasonable and ordered that the complainant would accept the said amount and on such acceptance the liability of the Insurance Company stand discharged. While disposing the said complainant the Tribunal also made the following observations:-

 

“… Grievance of the complainant is that as he could not run the vehicle the Bank is charging interest. We are of the opinion that this is unreasonable in view of the fact that the complainant could not run the vehicle as it was lost forever.

 

Accordingly, Vijoya Bank, Shillong Branch may consider waiving of the interest and we also direct the Insurance Company to write a letter to that effect. If the complainant is aggrieved by any order passed by the Bank he may approach this Commission again…”

 

3. The complainant thereafter moved the respondent/Bank for waiver and remission of the interest accrued on the loan account on and from 4.5.89 i.e. the date on which the vehicle in question rolled down in river Lubha. On failure of the Respondent/Bank to accede to the demand of the complainant moved this application before this Commission.

 

4. The Respondent/Bank denied and disputed its liability by its show cause in writing and questioned the very maintainability of the Complaint Petition. According to the Respondents neither there is any deficiency of service nor there is any fault, imperfection or any sort of coming on the part of the respondents requiring adjudication by this Forum. According to the Respondents the Insurance claim of the complainant was resolved through the intervention of the commission and a sum of Rs.2,51,000/- was deposited to the respondent on 6.7.93 by the Insurance Company on which date the complainant’s debit balance in his loan account stood at Rs.338176.87 and therefore the claim of the Complainant to refund a sum of Rs.50,362/- from the Insurance Company is not tenable under law and fact. The Respondent Bank further stated in their affidavit at paragraph 111 that the Insurance Company by its letter dated 28.12.94 requested the complainant to submit a concrete proposal to enable the higher authorities of the respondent to consider the waiver of interest or to grant any concession and in stead of the said offer of the Company the Complainant moved this Commission.

 

5. We have given our anxious consideration on the matter and we fully accept the contention of the Respondent/Bank that the respondent was not a party in the earlier proceeding. We are also of the view that since the bank is a financial institution it will have to sedulously observe the banking norms and standard over and above the guidelines and directions of the Reserve Bank of India. We also do not find any deficiency in service as such so far committed by the bank. None the less, on the peculiar circumstances of the case the commission in its order dated 12.6.93 expressed its desire for resolving the entire dispute keeping in mind the public interest. The Respondent Bank is an authority within the meaning of the Article 12 of the constitution of India and it has its own role to play for the cause of the people of the area. The Complainant is a Scheduled Tribe, who come from a backward area and could not succeed in his business venture due to the mis-fortune that fell on him. We are firmly of the view that the Respondent/Bank, without compromising its banking norms would itself take care of the situation commissiseration. We hope and trust that the Respondent/Bank will find a way out for resolving the issue and exercise its discretion. The complainant shall extend its full cooperation with the Respondent/Bank. We accordingly leave the entire matter to the Respondent/Bank who shall pass appropriate order for early resolution of the controversy.

 

With the above direction the matter is finally closed.