Goyal Ltd. a small scale industry applied for a loan to a financial institution Royal Ltd. Royal Ltd. in exercising their discretion and to act in accordance with best judgement took time to grant the loan. Before the lo

CS Executive · Economic and Commercial Laws · PYQS · June 2021
Goyal Ltd. a small scale industry applied for a loan to a financial institution Royal Ltd. Royal Ltd. in exercising their discretion and to act in accordance with best judgement took time to grant the loan. Before the loan was granted, Goyal Ltd. became sick and filed a suit in Consumer Dispute Redressal Forum for damages caused due to delay in granting loan pleading that there was 'deficiency in service' as per Consumer Protection Act, 1986. Advise whether Goyal Ltd. will succeed in this case?

Answer & Explanation:

National Consumer Disputes Redressal Commission in the case of Special Machines v. Punjab National Bank held that failure to provide nursing and financing facilities to a small scale industry which consequently became sick cannot be said to constitute 'deficiency in service' as in matters of grant or withholding of further advances and insisting on margin money, banks may exercise their discretion and act in accordance with their best judgement after taking into account various relevant factors. Therefore, the proper forum to agitate such grievances is a civil court. In view of the above Goyal Ltd. will not succeed.

Topics: Consumer Protection Act, 1986

Open in Interactive Practice Hub · Full Practice Hub · Chapter Weightage · More in this subject

Related Questions in this Topic