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february 1997

Supreme Court of India · 1997-02-13

VISWALAKSHMI SASIDHARAN vs BRANCH MANAGER, SYNDIATE BANK, BELGAUM

Citation / case number
SC 1996/14958
Court
Supreme Court of India
Petitioner
VISWALAKSHMI SASIDHARAN
Respondent
BRANCH MANAGER, SYNDIATE BANK, BELGAUM
Author
K. RAMASWAMY,S. SAGHIR AHMAD,G.B. PATTANAIK
Bench
K. RAMASWAMY,S. SAGHIR AHMAD,G.B. PATTANAIK

Judgment text excerpt

The Supreme Court dismissed the Special Leave Petition challenging the National Consumer Disputes Redressal Commission's order, which upheld the dismissal of the petitioners' complaint against the Bank for deficiency in service under the Consumer Protection Act. The Court found that the petitioners had breached the repayment agreement, and their inability to repay was due to a market slump, not the Bank's failure to disburse the full loan amount. The Court held that the mere filing of a recovery suit by the Bank does not bar the Tribunal from examining the merits of the complaint, but the petitioners' admission of market conditions precluded their claim of deficiency in service.

VISWALAKSHMI SASIDHARAN vs BRANCH MANAGER, SYNDIATE BANK, BELGAUM · Niyam