MRS. VISWALAKSHMI SESIDHARAN AND ORS. versus THE BRANCH MANAGER, SYNDICATE BANK, BELGAUM

MRS. VISWALAKSHMI SESIDHARAN AND ORS. versus THE BRANCH MANAGER, SYNDICATE BANK, BELGAUM

The admission by petitioners that the failure to pay instalments was due to market slump, and not due to deficiency in service, precludes them from claiming damages on account of deficiency. Thus, no interference with dismissal order is warranted.

Parties
Petitioner: MRS. VISWALAKSHMI SESIDHARAN AND ORS.; Respondent: THE BRANCH MANAGER, SYNDICATE BANK, BELGAUM
Jurisdiction
India
Judgment Date
13 February 1997
Procedural Posture
Special Leave Petition (civil) / Dismissal on Merits
Outcome
Petition dismissed
Legal Topics
Deficiency in Service, Banking, Damages, Loan Disbursement
Consumer Law Deficiency in Service Banking Damages Loan Disbursement

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Parties

MRS. VISWALAKSHMI SESIDHARAN AND ORS.

Petitioner

THE BRANCH MANAGER, SYNDICATE BANK, BELGAUM

Respondent

Procedural Posture

Special Leave Petition (civil) / Dismissal on Merits

Legal Issues

  1. 1 Whether the non-disbursement of part of the loan amount by the bank constituted deficiency in service under the Consumer Protection Act, 1986
  2. 2 Whether the complaint for damages was maintainable in view of the admission by petitioners regarding their inability to pay due to market slump

Ratio Decidendi

The admission by petitioners that the failure to pay instalments was due to market slump, and not due to deficiency in service, precludes them from claiming damages on account of deficiency. Thus, no interference with dismissal order is warranted.

Court Disposition

Petition dismissed

Orders

  • Petition dismissed
  • No interference with the dismissal order of National Consumer Disputes Redressal Commission