H. Sivaswamy – Appellant
Versus
Branch Manager Canara Bank – Respondent
D.R. Vithal Rao, President-In this complaint under Section 17 read with Section 12 of the Consumer Protection Act, 1986, the complainant has sought compensation in a sum of Rs. 6,12,046/- from the opp parties-Canara Bank.
2. It is the case of the complainant that he made a Fixed Deposit of a sum of Rs. 1,80,0,00/- on 22-2-1979 with the opp.party. The complainant with a view to raise loan on the security of the said fixed deposit amount made a loan application on 20-12-1982 for a sum of Rs. 95,000/-. It is the case of the complainant that he did not pursue this loan application and did not secure any loan from the opp. party. It is the grievance of the complainant that the opp. party Bank released the loan on the basis of the said application and adjusted the same to the account of some other person: Thus the opp. party misapplied or misappropriated the complainant’s amount without his knowledge. The complainant has in this regard at Para 3 of his complaint averred thus:
“...Since the complainant has not issued any instructions either orally or in writing to transfer the amount to any ac. counts nor has he drawn the amount by cash, the First Opponent Bank officials instead of pro
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