MARTHA BIKSHAPATHI Vs. MATHU

JUDGEMENT

(1.) The complainant in C. D. No.194 of 1991 is the appellant. According to the complainant, he was selected for the year 1989-90 under Gramodaya Scheme for establishing a printing press. The opposite party expressed its willingness to advance the loan and pursuant to the said willingness, the complainant submitted a quotation for Rs.36,241.05 for purchase of machinery. He also deposited the balance amount of Rs.1,241.05 over and above that of the loan amount of Rs.35,000.00, which the opposite party agreed to sanction. It is also the allegation that the opposite party orally instructed the complainant to purchase the machinery by paying cash to Sai Kripa Enterprises and that they would reimburse on production of the bills. According to the complainant, believing the representation of the opposite party, he purchased the machinery by raising the loan and installed it at his own cost. Since the opposite party did not grant the loan, the complaint was filed for a direction to the opposite party to release the loan amount under the Gramodaya Scheme.

(2.) In the counter filed, it was stated that the amount agreed to be sanctioned was for purchase of new machinery. But on 13.2.1991, the complainant in collusion with Saikripa Enterprises got in a second hand machine and installed the same at Parkal. It was not supported by any voucher or bill. They, therefore, informed the complainant that they are not prepared to extent financial assistance for a second hand machinery. Since the complainant did not purchase a new machinery, the Bank never agreed to reimburse the complainant for the machinery purchased by him. The Bank is, therefore, not inclined to sanction the loan.

(3.) On merits, the District Forum found that the complainant get old machinery in the authorised premises and has not produced the proper bills. Since the complainant did not purchase the new machinery in accordance with the procedure prescribed under the Rules, the Bank cannot be directed to extend the loan facility to the complainant.