SECRETARY, CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD. vs PRADIPTA KUMAR MISHRA

BOTH these appeals arise out of the common judgment dated 31.12.1996 of the District Forum, Puri directing the opposite parties to disburse the third and final instalment of the loan amounting Rs. 20,300/- within a month from the date of the order failing to pay interest at 12 percent per annum. 1. Complainant being an educated youth decided to raise a pisi-culture unit after escavation of the tank for rearing fish. On an application opposite party No. 1, the Bank sanctioned loan of Rs. 58,700/- in his favour. The first instalment was disbursed in the month of April, 1994 and thereafter, as claimed by the complainant, after much persuation, that too through the intervention of the Minister, the second instalment of Rs. 20,000/- was disbursed in the month of May, 1995. But the final instalment was not disbursed at all and for this inaction the complainant moved the District Forum. The District Forum directed the opposite parties to disburse the final instalment of loan, but the District Forum did not award any compensation holding that the complainant failed to prove that infact in the absence of the disbursement of his final loan amount he incurred loss Rs. 50,000/- for raising the unit.

WE have heard the Counsel for both sides. WE have perused the impugned order and documents which the District Forum has, with clarity, and elaborately dealt with all the documents including letter of the opposite party No. 2-NABARD, addressed to the Managing Director, the Oscard Bank, Bhubaneswar indicating therein that there should not be any delay in disbursement of the loan amount of loanees by the Banks. This letter is found to be with reference to the letter of the complainant dated 30.6.1994 making a grievance against the opposite party No. 1 that they were not releasing the subsequent loan amount in time. Once 2/3rd of the loan amount has been disbursed, no justifiable reason has been shown to us as to why the Bank should not have disbursed the 3rd instalment. The written version of the opposite party No. 1 does not indicate any reason for non-disbursement of the 3rd and final instalment as directed by the District Forum. In the result, we do not find any merit in the appeal. Both the appeals, therefore, dismissed but without any cost. Dr. Arati Mohanty, Member-I agree. Mr. Pramodnath Das, Member-I agree. Appeals dismissed.