LAW FOR ALL

Complainant/respondent submitted application for sanction of loan to OP/petitioner and deposited Rs.39,326/- as process fee. Loan was not disbursed to the complainant; hence, complainant served notice on the OP for refund of process fee, but OP did not refund process fee. Complainant alleging deficiency on the part of OP filed complaint before District Forum. Respondent/OP did not appear before District Forum. During pendency of complaint, OP refunded Rs.39,326/- to the complainant. Learned District Forum after hearing complainant allowed complaint and directed OP to pay interest @ 9% p.a. on Rs.39,326/- from 5.10.2007 till date of payment and further awarded Rs.11,000/- for mental agony and Rs.3,000/- as cost of litigation. = Perusal of record reveals that as per Annexure P-5, loan was sanctioned by the petitioner, but disbursement of loan was subject to certain conditions, as mentioned in sanction letter. It appears that respondent did not avail loan facility due to technical difficulty as mentioned by respondent in letter dated 16.5.2010. Thus, it becomes clear that there was no deficiency on the part of petitioner. After filing of the complaint, process fee though non-refundable was refunded by the petitioner to the respondent and respondent vide Annexure P-7 dated 16.5.2010 apprised petitioner that now respondent has no grievance and he assured to withdraw all legal proceedings, which he has filed, meaning thereby, it was obligatory on the part of respondent to withdraw complaint filed before District Forum after receiving process fee. It appears that respondent has not acted with clean hands before District Forum. He has also mentioned wrong fact that loan was not sanctioned.- Once the respondent received process fee in full and final satisfaction, he should have withdrawn complaint as assured and he was not entitled to receive any interest on that amount as well compensation and cost as apparently there was no deficiency on the part of petitioner