BALDEV SINGH vs State Bank of India

THIS appeal is directed against the order of the Punjab State Consumer Disputes Redressal Commission dismissing the complaint of the appellant holding that what in effect complainant wanted was execution of the order of the Civil Court dated 3.4.1993.

COMPLAINANT took a loan of Rs. 1,50,000/- from the respondent-Bank for the purchase of mini-bus. He did purchase the bus and hypothecated the same with the Bank. Since the complainant, defaulted in payment of the instalment, Bank instituted a civil suit in the Court of Sub-Judge, Batala in the State of Punjab. That suit was compromised and it was directed that the amount due from the complainant would be paid by the complainant by means of instalment. A direction was issued to the Bank to give no objection certificate to the complainant for the purpose of being produced before the Regional Transport Authority so that permit of the mini bus could be renewed. The matter ended at that. Complainant did not say in his complaint that if he paid instalment as ordered by the Civil Court. However, he filed the present complaint on 31.5.2000 before the State Commission complaining deficiency in service on the part of the bank in not giving no objection certificate and claiming damages to the tune of Rs. 19,92,000/-. Complainant also wanted interest @ 18% per annum. The claim for damages appears to be preposterous on the face of it. If no objection certificate was not issued by the Bank as decreed by the Civil Court it was for the complainant to seek execution of that order. In fact that is the basis on which his complaint was dismissed. We also find that on the face of it complaint is hopelessly barred by limitation. There is no merit in this appeal and is dismissed. Appeal dismissed.