KRISHAN BIHARI VYAS Vs. RAJASTHAN FINANCIAL CORPORATION

JUDGEMENT

(1.) The complaint was received by the post on 12.2.1991. It was filed under Sec.12 read with Sec.17 (1) (a) (i) of the Consumer Protection Act, 1986 ("the Act" herein) against the Rajasthan Financial Corporation (R. F. C.) Jaipur, having its Branch Office as District Industries Centre, Mandia Road, Pali, the complainant has prayed that the opposite party may be directed to pay a sum of Rs.5 lacs to the complainant so that the complainant who alleges himself as handicapped person can re-establish his life, waive any monetary demand against him and to remove their locks immediately and make the unit free from their possession.

(2.) The complainant established M/s. D. S. V. Industries F.21, Industrial Area, Marwar Junction in the year 1980 with the financial aid of Rs.1.93 lacs from the opposite party. The complainant proposed a project of manufacturing Barbed wire and the RFC examined the viability of the project both at their branch and head offices. It accepted the loan application and sanctioned the same in the meeting held at Head Office Jaipur on 10-12-1980. It has been alleged by the complainant that there was no disbursement of the agreed loan by the Branch Manager, Pali as per project for want of money (dividend) and also the State subsidy was detained. Para 5 of the complaint is as under: "that the branch Manager was of the motto to harass as he was not paid, abnormally delayed in execution of second charge in favour of bank, with the result the necessary working capital required for running of the unit was not made available to the unit by the bank and the unit was forced to suffer without production and sale right from the date of start. " There was no production. The Corporation forced the unit to pay the interest and the penaly interest which the complainant had paid regularly upto the year 1983. The complainant had alleged that the unit did not achieve 5% of the production target at which the Corporation considered the viability of the project. The complainant was pressed for repayment of the loan, interest and penal interest. He wanted the amount for rehabilitation. The complainant met with the road accident on 14-8-1985 and became handicapped and on account of that the unit was closed. Since 107-1986, the complainant has been approaching the opposite party for granting him permission to re-start the unit, in order to pay the dues. The grievances of the complainant is that by not granting permission, interest and penal interest are being multiplied. It has been alleged that on 11-1-1991 the staff of the Branch Office at Pail of the Corporation broke the locks of the factory and sealed the same. No intimation was given to the complainant He therefore, filed the complaint for the various relief's.

(3.) The complainant submitted photostat copies of the letters etc. with the complaint.