This consumer complaint has been filed by M/s Shiva Stainless Steel Pvt. Ltd., the complainant against Canara Bank, the opposite party.

2.     Heard the learned counsel for the complainant at the admission stage. Learned counsel for the complainant states that there was a requirement of establishing a Pollution Control unit for the industry of the complainant and for this purpose, the complainant approached the opposite party Bank. However, the Bank advised them to put up the unit from their own funds and they will raise the credit limit later on. Learned counsel stated that after spending more than Rs.5 crore, the complainant established the Pollution Control Unit in the industry and later on approached the opposite party for enhancing the credit limit. It is the grievance of the complainant that the opposite party neither enhanced the credit limit nor gave any proper reply. In this process, the finances of the complainant have exhausted and their business is affected due to shortage of funds. In this background, the learned counsel requested that the complaint may be admitted and the OP Bank may be directed to enhance the credit limit of the complainant or issue the NOC for obtaining the credit facility from any other Bank.

3.     I have carefully considered the arguments advanced by the learned counsel for the complainant and examined the material on record. The complainant has made the following prayers in the complaint:

1. To direct the opposite party to release security documents furnished by the complainant and NOC to the effect that the complainant may arrange credit facilities from any other institution;

2. To direct the opposite party to pay the remaining amount of loss after giving a set off of the alleged outstanding loan amount from Rs.40 crore;

3. To grant damages to the extent of Rs.10 crore towards mental agony;

4. To grant cost of litigation of Rs.10 lakh; and

5. Any other further order in favour of the complainant which this Hon’ble Court may deem fit and proper in favour of the complainant and against the opposite party.

From the prayer “b” it seems that there is still outstanding loan on the complainant. Only if the total amount of loan is re-paid by the complainant, the prayer of returning the documents submitted by the complainant seems to be pre mature and this Commission cannot pass any order on this prayer “a”. Side by side the complainant is also seeking NOC from the OP Bank to get credit facility from any other financial institution. This is a prayer for which the complainant has to approach the OP Bank and this Commission cannot pass such directions. None of the prayers seems to be emanating from any deficiency on the part of the OP Bank. This Commission has to entertain the complaint when deficiency of service is alleged and prima facie same is to be proved at the time of admission of the complaint.  As per section 2 (1) (g) of the Consumer Protection Act, 1986, the definition of deficiency reads as under:

“deficiency” means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service”.

4.     It is clear that the present case is neither governed by any law nor by any contract against which the performance of the Bank can be treated as deficient and, therefore, there is no deficiency of service on the part of the opposite party. Though the learned counsel has stated that the opposite party Bank had promised to enhance the credit limit, however, there is nothing on record to show the same. Learned counsel has also agreed that there was no agreement to this effect. There is no such law also which allows this Commission to order enhancement of credit limit for any business.

5.     From the above considerations, I find that this complaint is not maintainable before this Commission as this is not a consumer dispute. It seems to be a general complaint of the Bank and the same may be filed with the concerned department of the Government of India or before the Reserve Bank of India (RBI).

6.     In the light of the above discussion, the present consumer complaint no.1052 of 2019 is dismissed at the admission stage. The file be consigned to record room.