The court clarified that interest could be awarded as compensation under the Consumer Protection Act.

Mr. Justice G.G. Loney, President — Feeling aggrieved by the impugned order dated 1.7.91 passed by the District Forum, Chandrapur in Complaint No. 23/91, the appellant preferred this appeal. The complaint was filed by the respondent alleging that his two drafts presented in the Branch of the State Bank at Chandrapur were not cleared by the Bank Officials and, therefore, he could not get the amount for the marriage of his daughter. He further alleged that he had to borrow money from other sources to spend for the marriage of his daughter. The complainant, therefore, claimed compensation of Rs. 3,000/- and Rs. 50 plus interest. After hearing both the sides, the District Forum passed the impugned order.

2. We have heard Shri Kayande, Advocate for the appellant and respondent in person. According to Shri Kayande, the District Forum had no jurisdiction under the Consumer Protection Act to grant interest.

It has been further argued that the Consumer Protection Act does not provide the grant of interest u/S. 14 of the aforesaid Act. It is further submitted on merits that the Bank was kept open till 3.15 p.m. on that date to make the payment to the complainant but he did not turn up and filed the complaint as the Office of District Forum is situated very close from the Office of the complainant in the Collectorate.

3. The District Forum has given the finding that the Bank was deficient in its service in as much as when the complainant was in need of money for the marriage of his daughter, it is not possible that he will not turn up in Bank to collect money till 3.15 p.m. The finding of the District Forum is based on the basis of allegations and affidavit and the preponderance of the probabilities. After hearing the arguments of Shri Kayande, we cannot come to a different conclusion as no substantial evidence is tendered on behalf of Bank to show that the complainant did not turn up till 3.15 p.m. The documents shown to us today are unilateral documents created by the Bank and, therefore, they cannot be accepted to reflect the correct occurrence of the situation. Under these circumstances, we do not find that the allegations of the complainant in the complaint are false. There is no reason to disturb the finding of the facts reached by the District Forum, Chandrapur.

4. As regards the legal aspects claimed before us by Shri Kayande, that the District Forum cannot grant the interest, we find that although it is not made clear in the order but grant of interest appears to be by way of compensation. If it is not made clear by the District Forum, we would like to make it clear by giving the finding that the interest be awarded as compensation.

In view of this finding, we find no substance in this appeal and thus, it is hereby dismissed. We also grant the complainant the cost of Rs. 200/- to be paid by the appellant.

Appeal dismissed.

––