Sri Shyamal Gupta, Member

Challenging the decision of the Ld. District Forum to allow the instant complaint case vide impugned order, this Appeal is moved by Bangiya Gramin Vikash Bank.

The complaint case was filed by one Sri Kanai Sarkar and his wife, Smt. Subhra Sarkar alleging indiscriminate realization of EMIs from them, as also arbitrary encashment of their LIC policy by the bank without any intimation to them. The Appellants, however, denied any arbitrariness in their action and claimed that everything was done in accordance with RBI rules.

Parties were heard and documents on record gone through thoroughly.

Ld. Advocate for the Appellants claimed that, in terms of the House Building Loan agreement between the parties, the Bank was entitled to charge interest as per the guideline of Reserve Bank of India and as such guideline was scrupulously followed, it was highly illogical to hold the bank guilty of resorting to unfair trade practice.

It is indeed surprising that, though the Ld. Advocate for the Appellants shrugged off any wrongdoing on their part, for the reasons best known to him, he refrained from adducing any copy of the House Building Loan in question or relevant RBI guidelines for our due consideration. 

We afraid, on the basis of tall claim, nothing can be proved before a Court of Law.  It is the cogent documentary proof that stands one in good stead. 

In absence of any tangible proof to suggest the bona fide of their action, we find no reason at all to interfere with the impugned order. 

We, therefore, dismiss this Appeal with a cost of Rs. 10,000/- being payable by the Appellants to the Respondents. The impugned order stands affirmed.