Dated 06.02.2024

As per Sanjay Kumar, President.

O r d e r

1. Sufficient cause has been shown for not filing appeal within time as such delay in filing present appeal is condoned.
2. Present appeal has been filed on behalf of appellant/opposite party Bihar State Land Development Bank, Motipur, Muzaffarpur for setting aside the judgment and order dated 13.02.1999 passed by District Consumer Forum, Muzaffarpur in Complaint case no. 141 of 1997 whereby and whereunder appellant has been directed to pay a sum of Rs. 50,000/- and further directed to pay remaining amount due in the certificate case instituted against the complainant for realizing outstanding loan amount.
3. 2.Briefly stated the facts of the case as disclosed in complaint petition is that complainant had applied for loan from Bihar State Land Development Bank, Motipur, Muzaffarpur under scheme framed by Department of Fisheries, Govt. of Bihar to develop a fish pond on his private land under the scheme. On recommendation of Fisheries Department loan of Rs. 19,100/- was sanctioned and in the first installment a sum of Rs. 10,000/- was disbursed to complainant on 25.02.1988 and remaining amount was to be disbursed after development of pond.
4. Complainant dug and developed the pond and requested bank to disburse the remaining amount so that fish seed could be put in the pond but the bank did not disburse the remaining loan amount in said year and disbursed Rs. 6,000/- next year and remaining amount of Rs. 3,100/- was not disbursed, as a result of which complainant suffered loss of Rs. 90,000/- and due to non-disbursement of full loan amount project could not be started and a certificate case being certificate case no. 141/91-92 was instituted before the certificate officer for recovery of outstanding dues from complainant aggrieved by which complainant filed consumer complaint case before the District Consumer Forum, Muzaffarpur upon which notices were issued to opposite parties for their appearance.
5. Opposite party no. 1 (District Fisheries officer, Muzaffarpur) appeared and filed its written statement stating therein that Rs. 16,000/- loan amount was disbursed to complainant by the bank under the fisheries scheme.  
6. Opposite party no. 2 (Bihar State Land Development Bank) in its written statement stated that as complainant applied for grant of loan in the year 1988 and first installment of Rs. 10,000/- was disbursed on 25.02.1988 and second installments was disbursed on 23.05.1988. Remaining amount of Rs. 3,100/- was to be disbursed after development of the bond and upon receipt of utilization certificate of Fisheries Department, Muzaffarpur, however, complainant did not submit the utilization certificate and verification report of fisheries department as such the third installment of Rs. 3,100/- was not released.
7. The cause of action arose in the year 1988 when the third installments was not disbursed by the bank, however complaint was filed complaint case after a lapse of nine years on 27.02.1997 as such the complaint case was hopelessly time barred.  
8. The District Consumer Forum after hearing the parties and considering the materials available on record held that it appears that complainant has suffered loss from the conduct of opposite parties. Had opposite party no. 2 disbursed the remaining amount for purchase of fish seed then complainant would not have suffered loss of Rs. 90,000/-.
9. The District Consumer Forum directed opposite party no. 2 to pay a sum of Rs. 50,000/- to the complainant within 30 days and any amount found excess of Rs. 50,000/- in the certificate case also to be paid by the bank. Aggrieved by order dated 13.02.1999 present appeal has been filed on behalf of Bihar State Land Development Bank.
10. Heard counsel for the parties and considered their submissions. Perused the impugned order as well as materials available on record.
11. There is no finding recorded by District Consumer Forum of any act of negligence or omission or commission by the opposite party causing loss or injury to complainant. First and second installment i.e Rs. 16,000/- out of Rs. 19,100/- was already paid to the complainant and remaining amount was to be paid after submission of utilization certificate by the complainant from the Fisheries Department, however, no such utilization certificate was submitted by the complainant as such appellant/bank cannot be held to be deficient in service.
12. Complainant had applied for grant of loan in the year 1988 and first installment of Rs. 10,000/- was disbursed on 25.02.1988 and second amount of Rs. 6,000/- was disbursed on 23.05.1988. Remaining amount of Rs. 3,100/- was to be disbursed after development of the pond and upon receipt of verification report and utilization certificate of fisheries department, Muzaffarpur. However, complainant did not submit the verification report and utilization certificate of Fisheries department as such Rs. 3,100/- was not released for which bank cannot be penalized
13. Finding recorded by the District Consumer Forum that complainant suffered a notional loss of Rs. 90,000/- due to non-release of last installment is based upon assumption and presumption and conjecture and surmises. Complainant himself has admitted that due to non-release of last installment he could not purchase the fish seeds as such the fish pond was never operational and there was never any  loss caused to complainant.
14. The first and second installment were released on 25.02.1988 and 23.05.1988 and third and last installment was due in the year 1988-89 and complaint case was filed in the year 27-02-1997 as such the complaint case was hopelessly time barred.
15.  The judgment and order passed by District Consumer Forum is perverse and bereft of any logic and reasoning and is neither sustainable in law nor on fact and is accordingly set aside.
16. Appeal is allowed and the complaint case being complaint case no. 141 of 1997 Filed before the District Consumer Forum, Muzaffarpur is dismissed.

(Ram Prawesh Das)                                                                                                                           (Sanjay Kumar,J)

       Member                                                                                                                                             President

Md. Fariduzzama