Haryana

Yamunanagar

CC/44/2024

Saroj Bala W/o Rajinder Kumar - Complainant(s)

Versus

Bank of India - Opp.Party(s)

Raj Kumar Sharma

29 Feb 2024

ORDER

CC No.44 of 2024

Saroj Bala Vs. Bank of India

 

Present:          Sh. Raj Kumar Sharma, Adv. for the complainant.

 

1.         Heard. By way of complaint, in hand, complainant availed loan facility, in the sum of Rs.48 lac, vide Account No.672575110000073, which was repayable in 240 monthly installments of Rs.41,614/-. In nutshell, complainant alleged, opponent started charging higher rate of interest on the loan amount, that too at commercial rate, deviating from agreed rate of interest and raised payment, vide notice Ex.C1.

2.                    As per the own version of the complaiant, he has borrowed the loan, from the bank against interest and consequently, bank act as financer and it is well settled principle of law, the financer is not a service provider because it does not render any service, within the meaning of Consumer Protection Act, 2019 and the complainant is not a consumer. Resultant, complaint is not maintainable before this Commission. The view of this Commission is fully supported by the law in case titled Ram Deshlahara Vs. Magma Leasing Ltd. 3 (2006) CPJ 247 (NC).

3.               Hence, without touching to the merit of the complaint, it is dismissed, being not maintainable before this Commission. Complainant shall be at liberty to raise his grievance, before the appropriate Court or Forum, as the case may be. Complainant is left to bear his own cost of litigation.

4.                     File be consigned to the records.

                                                                                                            President,

   L. Member.                            Member.                                            DCDRC, YNR,

                                                                                                            29.02.2024.

Typed by: Aarti.