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.