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Judgment
-APPELLANT Dinesh Kumar Mishra being aggrieved by the judgment of Gwalior District Forum passed in Case No. 1392/92 dated 7.5.93 by which the complaint was dismissed has preferred this appeal.
THE brief point for determination in this appeal is:- (1) Whether there was any deficiency in service of the bank? (2) Whether the instructions given by the appellant were obeyed in breaches?
Reasons with finding All facts in this appeal are undisputed, but for this that while the loan of Rs. 2000/- was given to the appellant a promise was given by the bank that the interest of the F.D. will be adjusted towards the loan, and the amount of Rs. 2377/- as interest shall not be deposited in the saving account.
We have perused the record of the lower Court and the order passed. The Central Bank of India is a nationalised bank and everything which transpires between the bank and the customer is always in the form of the contract or agreement. There cannot be any oral promise in the case of banking transacttions. So there was nothing before that Forum by the way of deficiency in service of the bank. How the banking institution will transact is governed by the rules prescribed by the Reserve Bank of India. The appellant has not placed rules alleged to have been ignored by the bank.
THE District Forum, Gwalior has without any reason has dealt with the Income-tax issue. That was not the dispute before the Forum, that on earlier occasion the bank has carelessly deducted Rs. 26/- as Income-tax. That was not even his complaint. This is not the case where no proper interest has been paid. THE admitted position is interest is paid but at times the interest has been adjusted towards the loan advanced and at times it is deposited in the saving accounts. THEre is nothing to show that the respondent acted contrary to any agreement. Hence this appeal is dismissed in limine. No order as to cost. Appeal dismissed in limine.