RABIN KUMAR CHATTERJEE Vs. ALLAHABAD BANK

JUDGEMENT

(1.) This appeal has been filed by Sh. Rabin Kumar Chatterjee challenging the order dated 27.7.2012 passed by the State Consumer Disputes Redressal Commission, West Bengal, Kolkata ('State Commission' for short) by which the State Commission dismissed the consumer complaint No. 18 of 2010 filed by the appellant before the State Commission. The facts of this case may be stated as under:

(2.) The OP appeared and contested the case before the State Commission by filing its written statement denying and disputed all the material allegations starting, inter alia, that the complainant was never given any assurance on behalf of the OP Bank in regard to enhancement of the credit limit. In this respect, a letter was also issued on 17.2.2010 addressed to the complainant stating that for enhancement of the credit limit he will have to provide with additional/alternate security to safeguard and cover the advance or else it could not be considered. Further, the guarantor who happened to be owner of the mortgaged property had also expired. It was also submitted by the OP Bank that enhancement of the credit limit asked for by the complainant in this case fell within the power of the Zonal Office/Head Office and was beyond the discretionary power of the Branch Manager. Finally, it was submitted that any modification of the credit limit is a matter of sole discretion of the bank and hence there was no deficiency in service on the part of the OP Bank. On appraisal of the issues framed and the evidence adduced by the parties, the State Commission held that there was no deficiency in service on the part of the OP Bank and hence dismissed the complaint and hence the present appeal against the impugned order.

(3.) We have heard Mr. Narayan Chandra Dutta, Advocate appearing for the appellant and perused the record. The State Commission while dismissing the complaint on merits has given the following reasons in support of the impugned order: