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S.SAGHIR AHMAD, G.B.PATTANAIK, K.RAMASWAMY
VISWALAKSHMI SASIDHARAN – Appellant
Versus
BRANCH MANAGER, SYNDICATE BANK – Respondent


JUDGMENT

K. Ramaswamy, J. —This Special Leave Petition arises from the order of the National Consumer Disputes Redressal Commission, New Delhi. The petitioners had taken loan from the respondent Bank on two accounts, one for a sum of Rs. 1,50,000/ and the other for Rs. 3,00,000/ It would appear that the Bank had disbursed a sum of Rs. 1.47 lacs and the balance amount was not released to the petitioners. It was their case, in the complaint laid before the District Forum, that due to deficiency in service, namely, failure to disburse the total amount contracted under the agreement, the petitioner could not carry on the business and discharge the obligations to pay the labour charges and, therefore, could not manufacture the products for which orders had been served. Since, there was slump in the market, they could not discharge the contract for repayment. Accordingly, they filed the complaint for damages in the sum of Rs. 9,50,000/ The Tribunals below dismissed the case and the National Commission con firmed the dismissal of the complaint on the three grounds. Firstly, the petitioner had not of repay ment, thereby they committed breach of the contract. They cannot, therefore, complain




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