BANK OF INDIA Vs. CHINMAY BARIK

JUDGEMENT

(1.) APPELLANT was the opposite party before the State Commission, where Mr. Chinmay Barik proprietor of M/s. J.M.T. Oil Industries, had filed a complaint alleging deficiency in service.

(2.) UNDISPUTED facts of the case are that the complainant with a view to start an oil processing unit, had obtained a term loan from Orissa State Finanical Corporation and also had got sanctioned working -capital limit of Rs. 1,00,000 from the appellant bank. After some initial problems undisputedly the bank had released Rs. 10,000 as loan to the complainant on 13.6.1988 which was repaid on 3.2.1989 and 12.4.1990. It is the case of the complainant that his unit became sick as the sanctioned working -capital -limit was not released as per decision taken in a meeting held in December of General Manager, District Keonjhar on 16.11.1989 wherein it was decided to release the instalment of Rs. 10,000 to the Unit which was not done, hence the unit could not be started. Thus, alleging deficiency in service on the part of the appellant, a complaint was filed before the State Commission, who after hearing the parties, allowed the complaint and directed the appellant Bank to pay a compensation of Rs. 10,000 within a month from the date of receipt of order, failing which it was to carry interest @ 12% p.a. Aggrieved by this order, this appeal has been filed before us.

(3.) NOTICE was issued to the respondents on 10.2.2006 for hearing on 16.3.2006 but none appeared on behalf of the complainant and since none had appeared from the appellant it was dismissed for non -prosecution. On filing application for restoration, which has been restored.