Tribunals and Commissions(1993) 05 NCDRC CK 0054

SWARAJ INDUSTRIES vs BRANCH MANAGER, S.B.I.KORAPUT

National Consumer Disputes Redressal Commission · Decided on 19 May 1993 · Citation: 1994 1 CPJ 4

HON’BLE JUDGES
S.C.Mohapatra , R.N.Panigrahi , J.Patnaik J.
RESULT
Complaint dismissed

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Judgment

3 paragraphs · 299 words
1.

COMPLAINANT is a partnership firm which intended to establish an industry. It required financial assistance form Orissa State Financial Corporation (for short ''the Corporation'') and the State Bank of India (for short ''the Bank''). The Corporation sanctioned margin money for the working capital to be provided by the Bank on term loan. Bank and its officers not having granted enhanced working capital in time, grievance has been made in this Commission.

2.

DURING pendency of this complaint, Managing Partner, Sri Rajkishore Mohanty has been called upon by the officers of the Bank to discuss the matter. Lastly there was a discussion on 30.4.92 when the officers who participated, suggested that on a representation being made, the question can be better considered by the Bank authorities. This is stated by Mr. B.M. Patnaik, Advocate on instruction from Sri Mohanty present today. Mr. M.M. Das has no instruction. It is stated by Mr. Patnaik that on 3.5.93 representation has been made and assurance has been given by the officers that the same would be disposed of as early as possible preferably within one month. Pendency of the complaint may obstruct early consideration of the representation of the complainant. Besides a plea may be taken by the Bank that since the matter was being considered, there is no deficiency in service as yet. Taking into consideration these aspects, Mr. Patnaik prayed to withdraw the complaint so that the officers of the Bank shall get a free hand without any reservation to assist the complainant. We find the prayer to be reasonable since on rejection of the representation, a new cause of action would arise to the complainant.

In result, complaint is dismissed as withdrawn with the liberty to approach the Commission afresh after disposal of the representation, if required. Complaint dismissed.