ORDER No. 03
DTD. 19.07.2022

Today is fixed for admission hearing.
Complainant files hajira through Ld. Advocate.
The case is taken up for admission hearing.
Heard the Ld. Advocate for the complaint in full.
Perused the complaint and xerox copies of the documents so filled by complainant.
Complainant alleged in the petition of complaint that he being a small business man availed one cash  credit loan from the op no. 1 up to the limit of 3 lakh on 02.02.2013 and subsequently the said account has renewed on 23.12.2020. He had regular financial transaction through the said bank.
On 15.07.2021 OP no. 1 issued a recall notice to him with a direction to pay the entire dues with interest. He further stated that he gave original copy of deed of his house but OP no. 1 denied the same.

            At the time filing the aforesaid complaint ,complainant did not file any documents in support of the fact that he deposited one original deed relating to his house and one term deposit certificate amount to Rs. 25,000/-.Ld. Adv. For the complainant fails to give any satisfactory explanation as to why the complainant could not file the aforesaid documents.

On perusal of annexure-C we find that said document is the statement of loan account.
Said document was collected on 29.12.21 and on that date balance in the loan account was – 349,485.04.
On perusal of annexure-A  we find that OP no 1 issued the said notice on 15.07.2022 In the said document it has mentioned that overdues have accumulated to the extend of Rs. 44,808/-.

Ld Adv. Mr Joydip Pramanik on behalf of OP no. 1 gave a demand notice to the complainant on 07.08.21 and asked him to make payment of outstanding dues amounting  Rs.3,16,169.04/- along with further interest within 15 days and complainant gave a reply on the said notice through his Ld. Adv. Rahul Adhikary.

By the said reply request has made to withdraw the demand notice and also to withdraw the recall notice unconditionally.

From the aforesaid discussion it appears before us that the present complainant took a loan from OP no 1 and outstanding dues in the said loan account is Rs. 3,49485.04/- as on 28.12.2021.

Complainant failed to produce any document relating to any payment to the said loan account.

He further stated the cause of action has arisen on 30.12.2020 for the first time.
But no document has been filed relating to such cause of action which took place on 30.12.2020.

Complainant by filing this complaint praying for protection when OP no. 1 claimed the loan account.
Such type of complaint is not entertainable under the Consumer Protection Act 2019.
Present complaint has been filed suppressing the actual fact.
Complainant failed to establish any deficiency in service.
In view of aforesaid discussion we are of the opinion that present complaint is not fit for admission.

Hence, present complaint is dismissed without being admitted.