JUDGEMENT
K.SAMPATH, J. -
(1.) The complainant in OP No.36/2002 on the file of the District Consumer
Disputes Redressal Forum, Chengalpattu, is the appellant herein. His
grievance was that the 3rd opposite party had been deficient in service
in not sanctioning the loan though the loan had been approved by the
opposite parties 1 and 2 and they had also agreed to pay subsidy to the
3rd opposite party bank. The facts are as under :- The complainant had
applied for a loan of Rs.50,000/- for running a tea shop under TAHDCO
scheme. The 1st opposite party had forwarded the application of the
complainant to the 3rd opposite party. The 3rd opposite party had refused
to sanction the loan. According to the 1st and 2nd opposite parties, they
had found the complainant eligible and the scheme viable. A subsidy of
Rs.50,000/- was released. The 3rd opposite party was requested to
withdraw the subsidy while disbursing the loan to the individual. The
case of the 3rd opposite party was that before sanctioning the loan they
inspected the premises mentioned by the complainant and found a stranger
carrying on the tea shop business and the complainant took the field
officer of the 3rd opposite party to another premises without producing
any lease deed for the said alternative premises and it turned out that
even in that alternative premises a stranger was having a second-hand
gunny bag business and that in those circumstances the complainant did
not establish himself trustworthy and therefore the 3rd opposite party
decided not to sanction and release the loan amount. Merely because the
1st and 2nd opposite parties had approved, recommended and also asked the
3rd opposite party to release the amount after deducting the subsidy
amount, it was always open to the 3rd opposite party to make suitable
enquiries to find out whether the applicant was a bona fide person;
whether he really meant to do business and had the intention to repay the
loan granted. Indeed with regard to the grant of or sanctioning of loan,
it was the discretion of the bank or the financier concerned. The 3rd
opposite party, in the instant case, had exercised such a discretion and
verified whether the complainant had any premises in his possession or
lease for carrying on the business and on inspection the 3rd opposite
party found that the complainant did not satisfy the requirements for
grant of the loan. It was in exercise of such a discretion the 3rd
opposite party refused to provide loan to the complainant. The District
Forum, in our view, rightly dismissed the complaint. We do not find any
merit whatsoever in the appeal.
(2.) The appeal fails and the same is dismissed.;
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