SHANTI JOSHI vs Branch Manager, Bank of Baroda

THIS is complainant''s appeal against the judgment and order dated 22.10.1998 passed by the District Forum, Nainital for award of interest and cost of litigation.

THE complainant has filed a complaint that out of mistake, the bank has deposited Rs. 20,323.20 in the current account of the complainant. Interest was also awarded on it. Payment was made on 16.12.1988. On 29.3.1994 this amount was returned back by the complainant. It is alleged that the Bank is demanding interest on this amount. THE learned Forum after taking the evidence of the parties held that the mistake was of the Bank Department, therefore, it should not demand any interest. Even otherwise, the complainant has not taken any loan from the Bank. Bank has, out of its own, credited this amount. This was refunded. THEre was no question of any interest. It is further alleged that the complainant wanted ''No Objection Certificate'' from the Bank to take loan from other Bank for his business. THE Bank due to this controversy, is not giving him the certificate. THE learned Forum directed to issue such a certificate. However, the Forum did not award any cost of the proceeding and this appeal has been filed to get cost and compensation from the Bank along with interest on the amount. The Bank has also filed an appeal and that has been dismissed in default. The part of the judgment that Bank should not charge interest or should issue ''No Objection Certificate'' stands confirmed.

However, as regards the compensation and interest and cost, in the garb of Consumer Awareness, people have started to file any type of complaint or appeal as may be even without any force, merit or substance because they have nothing to pay as Court-fee. In this particular case, the Bank has given its money. The complainant was using it. He should be happy on that, that without any interest or liability, he has used such an amount for about 6 years, where is the harrassment or damages? If the Bank did not sanction him loan out of these controversies, that is the discretion of the Bank. If no loan was sanctioned to the complainant, he cannot get any compensation for that.

AS regards cost or interest, that was squarely in the discretion of the Forum. Nobody can get it by force and in the circumstances as such, where the complainant herself has utilised the money of the Bank, there is no question of any interest or cost. The appeal has got no force and is to be dismissed. ORDER The appeal is, hereby, dismissed. Cost of this appeal shall be easy. Appeal dismissed.