West Bengal

Burdwan

CC/60/2023

Paresh Nath Garai, S/O Late Mohan Garai & Others. - Complainant(s)

Versus

ICICI Bank Ltd and Others, Rept. by its Branch Manager. - Opp.Party(s)

Debdas Rudra

22 May 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
BDA GUEST HOUSE ( 1ST FLOOR ) KALNA ROAD BADAMTALA
Dist Purba Bardhaman - 713101
WEST BENGAL
 
Complaint Case No. CC/60/2023
( Date of Filing : 08 May 2023 )
 
1. Paresh Nath Garai, S/O Late Mohan Garai & Others.
B.B.Ghosh Road,Tetultala Bazar,P.O. & P.S. Bardhaman.713101.
Purba Bardhaman
West Bengal
...........Complainant(s)
Versus
1. ICICI Bank Ltd and Others, Rept. by its Branch Manager.
Burdwan Laxmipur Math, 301,G.T. Road,P.O. & P.S. Bardhaman.713101.
Purba Barddhaman
West Bengal.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. MD. Muizzuddeen PRESIDENT
 HON'BLE MRS. Lipika Ghosh MEMBER
 HON'BLE MR. Atanu kumar Dutta MEMBER
 
PRESENT:
 
Dated : 22 May 2023
Final Order / Judgement

C o n s u m e r  C o m p l a i n t  No.  60 /2023.

Mr. Paresh Nath Garai & Others                   Complainants.

                                     Vs

ICICI Bank Limited & Another                        OPs.

 

Order Date:  22.05.2023

Today is fixed for admission hearing.

Ld. Advocate for the complainant is present.

Heard the Ld. Advocate for the complainant in full.

Perused the complaint and the Xerox copies of the documents so filed by the complainant.

It appears that the complainant did not file the copy of the application No. 7729095699 which was submitted before the OP , from which,   purpose of  taking loan  can be inferred.  But from the documents of the OP Bank concern, it appears that the loan was taken against property-commercial and they took a huge amount of loan  i.e 1,00,00,000/- (Rupees One Crore only)  and thereafter some dispute arose  regarding  non-taking loan and return of EMIs already paid by the complainants . From the Affidavit, sworn by the complainants , their occupation is business. Therefore, the bank document clearly indicates that the loan was taken for commercial purposes.

If it be the fact, then according to Section 2(7)(ii) of the Consumer Protection Act, 2019, the complainants are not at all “consumers” .

In view of this, we are of opinion that the complaint cannot be admitted.

Hence, it is

                               ORDERED

that this complaint is not admitted and thus disposed off.  

 

 

                                       Member                            Member                                                   President

                 D.C.D.R.C., Purba Bardhaman       D.C.D.R.C., Purba Bardhaman            D.C.D.R.C., Purba Bardhaman

 
 
[HON'BLE MR. MD. Muizzuddeen]
PRESIDENT
 
 
[HON'BLE MRS. Lipika Ghosh]
MEMBER
 
 
[HON'BLE MR. Atanu kumar Dutta]
MEMBER
 

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