to the bank for working capital facilities, which was <br /> sanctioned - Complainant applied for enhancement<br /> for cash credit- Refused by the Bank- Hence complaint -<br /> Whether there is any deficiency in service-(No)"<br /> It has been further held that : <br /> " We have repeatedly held that the Banks have <br /> discretion to decide in good faith in the interests <br /> of safeguarding public funds whether a party<br /> should be given or continued to be given credit<br /> facilities or not. No doubt, it has to have due <br /> regard to the guidelines of the Reserve Bank of <br /> India but they are merely guidelines and the final <br /> decision rests with the Bank. The Bank will have to<br /> decide ultimately in its best judgment whether credit facilities<br /> should be given to a party, whether a party should continue<br /> to enjoy them keeping in view its performance, and above <br /> all, whether or not the party concerned is justifiably<br /> eligible for additional credit facilities. In view of this,<br /> the complaint before this Commission is not <br /> maintainable and is dismissed on that ground. The <br /> petitioner is free to seek redressal in a civil court if so<br /> choose and if so advised."<br /> In another case reported as 1993(III) CPJ 379 M/s Natraj Borewell Services vs. The Asstt. General Manager Indian Bank & Ors. (NC) in which it was held that :<br /> " Consumer Protection Act, 1986-Section 2(1)(g)<br /> Deficiency in service -'Bank'- Whether non grant of <br /> financial accommodation or non-grant of loan<br /> by a Bank amounts to deficiency in service- (No)"<br /> It has been further held that :<br /> "The opposite party has also taken plea that <br /> non grant of financial accommodation or non grant <br /> of loan by a Bank does not amount to deficiency in <br /> service. There is considerable force in the plea taken <br /> by the opposite party-Bank . The Commissions is<br /> of the view that this is not a complaint involving <br /> deficiency in service which can be maintained under <br /> the Consumer Protection Act against the opposite party.<br /> Bank before this Commission . The complainant is <br /> free to seek redress for his grievances; if any, in any other <br /> Court which may be available to him under the law."<br /> In view of the citations mentioned above, we are of the view that Banks have discretion to decide in good faith in the interests of safeguarding public funds whether a party should be given or continued to be given credit facilities or not . So in view of this complaint is dismissed with no order as to costs. <br /> Let certified copies of order be supplied to the parties without any unnecessary delay and file be consigned to record room.<br /> <br /> Announced : Shashi Narang Paramjit Singh<br /> 17.6.2009 Member President