1. The brief history of the case of the complainant is that intending to start a Goatery Farm at his own place, he contacted the District Agriculture Officer (DAO), Jeypore and as per advice of said DAO, he applied under “Krushi Sahayak Kendra Scheme” and submitted all required documents to set up the farm under financial assistance of OP. It is submitted that his application was processed by DAO and forwarded to the OP bank on 14.2.2014 vide No.211/DAO (J) with copy to the complainant. The Field Officer of OP visited the spot and assured to process the file for sanction of loan but later on returned the application to the DAO asking fresh application and thereby the complainant was put to loss of Rs.2, 04,280/- p.a. Thus alleging fault on the part of OP, he filed this case praying the Forum to direct the OP to pay Rs.2, 04,280/- towards loss of income and to pay Rs.1.00 lac towards compensation for mental agony to the complainant.
2. The OP filed counter denying the allegations of the complainant and contended that the petitioner has opened an accounts in the name and style of Maa Jagatjanani Rice Mill with the OP by depositing Rs.1000/- but the said account has been inactive due to non operation of the same. It is further contended that the complainant has not opened any account in his name and also has not deposited any margin money. Further the complainant is a guarantor for the loan advanced to one Vishnu Rout who availed loan for poultry farm and due to default in payment, the loan became NPA. The bank has intimated the fact to the petitioner but neither the borrower nor the guarantor is depositing the loan amount and hence due to above reason the complainant can not avail any loan from the OP. With these contentions denying any fault on its part, the OP prayed to dismiss the case of the complainant with costs.
3. The complainant has filed certain documents along with affidavit in support of his case. Heard the parties through their respective A/Rs and perused the materials available on record.
4. The case of the complainant is that for setting up a Goatery Farm, he submitted proposal before DAO, Jeypore who forwarded the application and documents of the complainant to OP bank for sanction of loan on 14.2.2014. According to the complainant after site visit the OP assured to sanction loan but on 19.03.2015 returned the application without assigning any reason. The OP stated in his counter that the complainant was a guarantor for a loaner namely Vishnu Rout of his bank who defaulted in repayment of loan. The bank has intimated the said fact to the guarantor as well as loaner but due to non payment of loan either by the loaner or by the guarantor, the said loan became NPA. It is further submitted by the OP that on the above issue the complainant can not avail any loan from the OP bank. The OP also further submitted that the complainant did not submit all the documents as required for availing loan.
5. In this case the complainant had applied for loan to the OP bank for setting up a business. The application was rejected consequent upon which this case has been filed. It is seen that no loan account has been opened by the complainant in the OP bank and no consideration amount in shape of margin money has been deposited with bank. Further sanction of loan is the discretion of the bank and if an applicant does not fulfill the requirements of the bank, he can not claim for loan and the bank commits no mistaken in rejecting the loan application. The complainant in this case has not paid any consideration for hiring of services of the OP bank and before sanction of loan, his application has been rejected for the obvious reasons. Hence out of such a relationship a consumer dispute can not arise between the present parties. The complaint petition therefore deserves to be dismissed.
6. Hence ordered that the complaint petition is dismissed having no merit but without costs in the peculiar circumstances of the case.
(to dict.)
