PUNJAB AND SIND BANK Vs. NAMITA GHOSH

JUDGEMENT

(1.) The appeal is directed against the order of the Forum dated 30th December, 1999 directing the appellant who was the opposite party before the Forum to pay a sum of Rs.50,000/- as compensation. It was directed by the said order that this amount of Rs.50,000/- would be set off against the outstanding dues till the date of the order.

(2.) The complainant approached the Forum at Howrah praying for repayment of the sum of Rs.75,000/- advanced by the Bank as loan by easy monthly instalments and prayed further for exemption of payment of interest upon the said amount. Her case in the complaint petition was that she carries on a proprietorship business under the name and style of M/s. Madura Engineering. On her approach to the Bank the latter sanctioned and granted a cash credit limit of Rs.75,000/- for her business and she availed of the said limit. As security for the said loan the complainant hypothecated with the Bank, the plant, machinery and other movable assets of her business. The complainant suffered various setbacks resulting in non-payment of loan properly and the dues accumulated to Rs.1,05,194/-. The complainant approached the Bank for repayment of the sum of Rs.75,000/- by instalments with a prayer for exemption of interest. The Bank having not obliged the complainant in making further payment of amount the complainant has brought this action alleging deficiency in service.

(3.) The contention of the complainant was upheld and the Forum held that for non-supply of the bank statement the opposite party has plunged itself under the mischief of deficiency in service.