Present:  Sh. Krishna Kumar Srivastava, Appellant in person

       Heard on Admission

       Admitted

       Appellant has impugned the orders dated 04/08/2015 passed by the Ld. District Forum-II, New Delhi.  The impugned orders are reproduced below:

        “Case No.187/15- Krishna Kumar Srivastave Vs. Bajaj Finserv.

        04.08.2015

        Present:    Sh. K.K. Srivastav, Adv. For the Complainant

        Heard on admission

        The grievance of the complainant in the complaint is that the OP did not grant the pre-approved emergency loan to him. No such document has been filed on the record that any such pre-approved emergency loan has been granted to the complainant.  Our attention has been drawn to page 12 which is a photocopy o an emergency card for an amount of Rs. 75,000/- issued to the complainant by the OP.  Therefore, the alleged pre-approved emergency loan is not covered under the emergency card.  Therefore, complaint does not disclose any consumer dispute.  The same is accordingly dismissed in limine.  Copy of this order be given Dasti to the counsel for the complainant.  File be consigned to record room.”

       Complaint of the complainant was dismissed in limine on the grounds that the complaint did not disclose any consumer dispute.  There is no dispute with the fact that the complainant is a customer of the OP as he has been enjoying EMI cards issued by the OP.  Contention of the complainant is that due his track record, he was issued emergency card in question.  Limit of the same was Rs. 75,000/-.  Complainant was denied the loan amount on that score without disclosing the reasons.

       Ld. District Forum observed that pre-approved emergency loan was not covered under the emergency card. What are the attributes of pre emergency loan or emergency loan has not been disclosed. Be that as it may, the complainant have been availing of the services of the OP. Clearly he is a consumer qua the OP.  Ld. District Forum fell in error in dismissing the complaint in limini without giving an opportunity to the complainant to show that he is a consumer in terms of Section 2(1)(d) of Consumer Protection Act, 1986. For these reasons impugned orders dated 4/08/2015 are set aside. Matter is remanded back to the District Forum to decide the complaint on merits.

The Appellant/Complainant is directed to appear in District Forum on 20/10/2015.

A copy of the orders be sent to the District Forum concerned and thereafter the file be consigned to Record Room.