YAVATMAL GRAMIN BANK Vs. BALAKRISHNA KACHARUJI DHAWANE

JUDGEMENT

(1.) This is an appeal against the order of the District Forum, Yavatmal dated 29.1.1993 passed in Complaint No.303/91. The complaint was made by the respondent-complainant against the present appellant alleging that despite the sanction of the loan to the complainant, actually the loan amount was not disbursed to the complainant as a result of which he sustained the losses. Admittedly the complainant wanted a loan to manufacture bricks in the village. The complainant alleged that on the basis of the sanction of the loan he made preparations of obtaining necessary sanction from the Revenue Authorities and started his business. Since no loan was disbursed to him as sanctioned by the opposite party, he sustained the losses. The District Forum on consideration of these facts allowed the complaint and awarded him Rs.2000 towards the compensation holding that there has been deficiency in the service of the present appellant in disbursing the loan to the complainant.

(2.) We have heard Shri Deshpande, Advocate for the appellant and respondent in person. After hearing the arguments and after going through the impugned order, we do not find that there is any justification for awarding Rs.2,000/- as compensation to the complainant. In absence of evidence to that effect, except the bare allegations of complainant, there is no evidence on record to grant the compensation. Assuming that complainant did suffer in his profession for want of loan, yet, it is the duty of the complainant to place the material before the District Forum to show that he has suffered the losses in terms of money. In our view, therefore, the complainant having failed to quantify the loss, the impugned order granting the compensation cannot be sustained. Hence, the following order:-

(3.) The appeal is allowed. The impugned order is set aside. The parties shall bear the own costs.