RAVINDRA KUMAR DAS vs MANAGING DIRECTOR

S.C. Mohapatra, President Complainant is a loanee of opposite party for establish= ment of a R.C.C. Spun Pipe Factory near Nayagarh in Puri District. He has made grievance in respect of deficiency in service rendered by opposite party.

CASE of complainant is that he made application to opposite party for financial assistance to establish the factory. All the requirements for loan was satisfied and on principle it was sanctioned by opposite party. However, amount of loan that was sanctioned and the manner of payment has served no purpose since he is not able to produce Spun Pipe inspite of his endeavor from 1979 till date for more than a decade. His approaches to authorities of opposite party yielded no result for which he has approached this Commission for redress. Opposite party entered appearance on 2.8.1990 but has not stated its case. Today no one appeared on behalf of opposite party when we heard the complaint.

Opposite party has been constituted as a body corporate under the State Financial Corporation Act with the object of rendering financial assistance to deserving applicants for establishment of industries. It has been given power under the Statute to recover the loans and also to take over management from the defaulters. Financial asistance is a service rendered for which a borrower pays interest. Thus, within the broad meaning of consumer and service, such service is for hire. Any deficiency in service comes within scope of the Consumer Protection Act. Although special Forums have been created under the Act to render asistance to the corporation, no Forum under the act has been created to mitigate grievances of a borrower or intending borrower. In such circumstances, we are of the view that the beneficial provisions under the Act give us wide power to examine the deficiencies and give appropriate directions when we are satisfied that on account of deficiency in service, there is a legitimte grievance of a consumer who has complained before us.

UNDER the Act, only 45 days in the maximum are available to a person against whom complaint is made. Despite appearance on 2.8.1990 opposite party has not stated its case and has not taken care to assist us although opportunity was given. In absence of any material before us produced by opposite party when we find that approaches by complainant to officers of opposite party has yielded no result, we are inclined to come to conclusion that inaction of officers of opposite party is on account of whims and caprices without any rhyme and reason. Statutory bodies who are other authorities under the constitution exercising powers of the State should take care to assist adjudicating authorities like this Commission and explain the circumstances under which grievances made by complainant have been considered by it through its officers. We are satisfied from the various documents and after hearing complainant that grievance of the complaint made at various times has not adequately attended to by the concerned authorities. From 1979 till 1991, he has invested Tiuge money but without any result. His aspiration is gradually coming to a stand still with advance of age. On account of the helplessness which is the result of the casual dealing of the authorities of the opposite party he has suffered. But coming to know from the complainant that a new Managing Director, a young and energetic man having aptitude to help the deserving borrowers has now taken up the administration of the Corporation, we are inclined to give a chance to opposite party to consider the grievances of the complainant. Complainant has stated before us that he has made attempt to meet the Managing Director twice but has failed to get an interview with the Managing director.

IN such circumstances, we direct the Managing Director that he shall give an interview to the complainant, heat his grievances and if there would be ways and means to assist him within the norm of financial assistance as fixed by the Corporation, he shall take steps in that regard since complainant has high hopes that with the attitude of the present Managing Director, he can explain his difficulties and get appropriate relief with his assistance in case he gets a chance to put forth his grievances before the Managing Director. We direct that Managing Director shall give interview to complainant on a date to be fixed by him and intimated to complainant and shall dispose of the grievances of the complainant in accordance with law. IN case he is not able to assist complainant, he shall indicate clear reasons therefore so that complainant can be in a position to appreciate the difficulties. Normally a copy of order is to be sent to opposite party. Let the copy be handed over to the complainant who shall hand over the order in the office of the Managing Director, Orissa State Financial Corporation at Cattuck. Within 15 days of the date of receipt of the order in his office, Managing Director shall fix a date and time and intimate the complainant so that he will be able to come and explain his grievances for necessary action at his end. It goes without saying that within these 15 days, the Managing Director shall discuss the matter with his subordinates to find out the real grievances of the complainant. With the aforesaid direction, this complaint is disposed of. There shall be no order as to costs. Complaint disposed of. _____________