Delhi

North East

CC/115/2022

Indu Hoseiry - Complainant(s)

Versus

Central Bank Of India - Opp.Party(s)

21 Jul 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 115/22

 

 

In the matter of:

 

	Indu Hoseiry	Complainant
	Versus
1.   2.	Central Bank of India   Export Credit Guarantee Corp. of India Ltd.	Opposite Parties

 

Date of order: 21.07.2022

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

 

ORDER

Anil Kumar Bamba, Member

 

The Complainant has filed the present complaint under Section 35 of the Consumer protection Act, 2019.

The case of the complainant as revealed from the record is that the Complainant is an exporter and she is engaged in the business of export of goods i.e. readymade garments & general goods etc. The Complainant is a registered proprietorship concern and Smt. Indu Jain W/o Shri Mukesh Jain having its IEC code: 0510028683 and Sales VAT/Tax No. 07290255568 GST No. 07AALPJ7670E1AJ. Complainant is also having bank AD code: 028036-2900009 issued by Central Bank of India, Ghonda Branch, Delhi. Shri Mukesh Jain who is husband of proprietor Smt. Indu Jain is the authorized person through special power of attorney.

Opposite Party No. 1 i.e. Central Bank of India is the nationalized bank and is providing banking facilities to its customers and also to the Complainant under the guidelines and permission from Reserve Bank of India.

Opposite Party No. 2 i.e. Export Credit Guarantee Corporation of India Ltd. is a government insurance company which provides guarantee and safety for recovery of money in respect of export of goods & services to the exporters apart from securing to the exporters from bearing any sort of loss in export business in the event of buyer of exporter become defaulter or insolvent.

As per Complainant, the present export business of the Complainant is the only source of income of the Complainant and she was exclusively maintaining her family by earning her livelihood by means of self-employment from the aforesaid business/commercial establishment in the safe manner to export through bank i.e. Opposite Parties only for which the Opposite Parties are providing the services to her by taking ECGC insurance charges, interest & bank charges.

It is also stated by the Complainant that the Complainant availed services from the Opposite Party bank of different loan facilities only for the purpose of purchasing its export documents and discounting the same prior to receiving the export consideration from buyers of export.

Complainant further states that the present case is not just that the Complainant was availing the services of bank and bank failed to provide its services to Complainant, but the case of the Complainant is that the Complainant was facing hardship for the reason of demonetization, changes of government policies etc., and in order to maintain her family & to earn her livelihood exclusively by means of self-employment she somehow procured an order from overseas and submitted her export documents to Opposite Party No. 1 for her shipment which the documents were accepted delay by 14 days and the Opposite Parties failed to purchase the documents. It is also pertinent to mention here that the Opposite Party No. 1 has also collected the ECGC insurance charges for Opposite Party No. 2 in respect of above said export which is still lying with the
Opposite Parties till date. Further, that the Opposite Party No. 1 denied after long period of almost four months resulting the plaintiff sustained cancellation of order, huge loss, mental agony

We have already heard the Complainant and have perused the file. The present complaint is not falls within the definition of the Consumer as per Section 7(ii) of the Consumer Protection Act, 2019. Since, he availed services of the opponent for commercial purpose. Hence the present complaint is dismissed.

Copy of this order be given to Complainant free of cost.

File be consigned to Record Room.

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President