SURENDER SINGH vs BANK OF BARODA

THIS is an appeal against the order of 30th May, 1992 passed by the State Commission of Uttar Pradesh in Case No. 98/SC/91. The appellant here has beensanctionedinl988asumofRs.l3,500/-for developing a fisheries pond and granted the lease of the pond for a period of 10 years under 20 Point Programmes. The amount sanctioned consisted of loan amounting to Rs. 10,125/- and subsidy Rs. 3,375/-. The amount was sanctioned by the Fishery Development Authority, Kanpur and released to the opposite party-Bank.

AGAINST the sanctioned amount, the bank released Rs. 7,206/- as loan and Rs. 2,294/- as subsidy during 1989 and 1990. The grievance of the complainant is that his work for the development of the pond suffered because the bank did not release the loan instalments in time. In particular whatever work was done with the amount received by the complainant was damaged by rains and he has suffered a loss of Rs. 3,22,000/- during the years 1988-89 to 1990-91. The opposite party-Bank has pointed out that no repayment has been made by the appellant-complainant to the bank and that after September, 1991 he owed a sum of Rs. 8,520/- inclusive of interest on the loan. Further that after the first instalment, the loan and subsidy were to be paid on the recommendation of the chief officer of the Fishery Development Tribunal.

THE State Commission has found that there was no delay in release of the loan/subsidy by the bank and that the certificate from the Chief Fishery Officer was essential for release of funds after the first instalment. In the absence of the certificate, the opposite party cannot be held responsible for any deficiency in service.

WE confirm the order of the State Commission and dismiss the appeal. There is no order as to costs.