PRAFULLA KUMAR AGRAWAL Vs. NARAYAN SAHU

JUDGEMENT

(1.) -THE aggrieved opposite parties in C. D. Case No. 246 of 1992 before the District Forum, Bargarh have filed this appeal challenging the orders dated 9. 12. 1997 of the District Forum directing them jointly and severally to pay to the complainant Rs. 12,000 only within thirty days, failing which the amount shall carry 12% interest per annum till the date of payment.

(2.) THE complainant had filed the aforesaid C. D. case alleging deficiency in service against both the opposite parties for not sanctioning the agricultural loan and disbursing the loan amount in his favour in spite of margin money Rs. 35,000 was deposited by him in their Bank viz. State Bank of India, Padampur Branch, Distt. Bargarh and in spite of all the terms and conditions of the Bank were satisfied. The case of the opposite parties, the appellants here, on the other hand is that as the complainant, who is the respondent in the appeal, did not deposit the margin money is not a consumer. Their specific case is that the deposit of money by the complainant in their branch of State Bank of India is in the Savings Bank account of the complainant which is withdrawable. Therefore, said deposit is not margin money for the purpose of sanction of loan. The opposite parties have denied to have caused deficiency in service, in not sanctioning loan in favour of the complainant as margin money, which is a condition precedent to sanction loan, has not been deposited with their Bank, in short, the S. B. I. by the complainant.

(3.) BOTH parties have also filed documents in support of their claim including filing xerox copy of passbook showing deposit of money by the complainant in his S. B. I. Account No. Agl-216 in total amounting to Rs. 35,110 as on 10. 4. 1992.