West Bengal

Siliguri

CC/104/2018

M/S RAM KRISHNA PAPER HOUSE - Complainant(s)

Versus

ICICI BANK LTD. - Opp.Party(s)

SUDIP BHATTACHARYA

01 Nov 2018

ORDER

District Consumer Disputes Redressal Forum, Siliguri
Kshudiram Basu Bipanan Kendra (2nd Floor)
H. C. Road, P.O. and P.S. Prodhan Nagar,
Dist. Darjeeling.
 
Complaint Case No. CC/104/2018
( Date of Filing : 01 Oct 2018 )
 
1. M/S RAM KRISHNA PAPER HOUSE
OFFICE AT MER CHANT ROAD,JALPAIGURI AND BRANCH OFFICE AT NEW CINEMA ROAD, P.O -SILIGURI TOWN,P.S.0SILIGURI,DIST-DARJEELING,PIN-734004.
2. SRI KUSHAL SINHA
S/O OF SRI KALI SANKAR SINHA,M/S RAM KRISHNA PAPER HOUSE,OFFICE AT NEW CINEMA ROAD, P.O- SILIGURI TOWN,P.S.-SILIGURI,DIST-DARJEELING,PIN-734004.
3. SMT. MADHU MATI SINHA
W/O SRI KUSHAL SINHA,M/S RAM KRISHNA PAPER HOUSE,OFFICE AT NEW CINEMA ROAD, P.O- SILIGURI TOWN,P.S.-SILIGURI,DIST-DARJEELING,PIN-734004.
4. SRI ANKITA SINHA
D/O SRI KUSHAL SINHA,M/S RAM KRISHNA PAPER HOUSE,OFFICE AT NEW CINEMA ROAD, P.O- SILIGURI TOWN,P.S.-SILIGURI,DIST-DARJEELING,PIN-734004.
5. SMT. NIKTA SINHA
D/O SRI KUSHAL SINHA,M/S RAM KRISHNA PAPER HOUSE,OFFICE AT NEW CINEMA ROAD, P.O- SILIGURI TOWN,P.S.-SILIGURI,DIST-DARJEELING,PIN-734004.
...........Complainant(s)
Versus
1. ICICI BANK LTD.
OFFICE AT LANDMARK, RACE COURSE CIRCLE,VADODARA-390007.
2. ALL DIRECTORS
ICICI BANK LIMITED,OFFICE AT LANDMARK,RACE COURSE CIRCLE,VADODARA-390007.
3. THE BRANCH MANAGER
ICICI BANK LIMITED,SILIGURI BRANCH,SHYAM JYOTI BUILDING,NEAR PANI TANKI MORE,SILIGURI, SEVOKE ROAD,WEST BENGAL,PIN-734001.
4. MR. ARGHA SENGUPTA
BUSINESS RELATION MANAGER,ICICI BANK LIMITED,SILIGURI BRANCH,SHYAM JYOTI BUILDING, NEAR PANI TANKI MORE,SILIGURI, SEVOKE ROAD, WESTBENGAL, PIN-734001.
5. THE MANAGING DIRECTOR
ICICI BANK LIMITED,OFFICE AT LANDMARK,RACE COURSE CIRCLE,VADODARA-390007.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Shri Subhabrata Chaudhuri PRESIDENT
 HON'BLE MRS. MALLIKA SAMADDER MEMBER
 HON'BLE MR. Shri Tapan Kumar Barman MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 01 Nov 2018
Final Order / Judgement

Today is fixed for admission hearing of this case. The case record is taken up. Ld. Advocate for the complainants is present after taking steps for hearing of this case. Heard the Ld. Advocate for the complainants. After narrating the case in brief Ld. Advocate for the complainants submitted before this Forum that the OPs are involved in unfair trade practices and there has been deficiency of service on the part of the OPs. upon the complainants.  Bearing in mind the submission of Ld advocate for the complainants in order to consider the matter of admissibility of the case we have carefully gone through the photo copies of the documents as produced from the side of the complainants along with the petition of complaint while documents include the Deed of partnership dtd 19.07.2012.  The gist of the case is that complainant No.1 is a Firm, a partnership Firm, having its office at Marchant Road, Jalpaiguri with Branch Office at New Cinema Road, Siliguri Town and complainants Nos. 2,3,4 & 5 are it’s partners. The partnership Firm, complainant No.1 had an account with United Bank Of  India, Mahabirshtan Branch, S.F. Road, Siliguri, with cash credit limit amounting Rs. 1.75 crore and said Firm had been enjoying such scheme with said UBI Mahabirshtan Branch which account has been subsequently shitted from the said bank to the present OP-ICICI Bank, Siliguri Branch with that cash credit facility of RS.1.75 Crore  on the assurance from the part of the ICICI Bank through OP No.4 that complainant-Firm would get the benefit of free cash pick up facility which would have no hidden charges and that shifting of said account of complainant No.1 from UBI Mahabirshtan Branch to ICICI Bank Ltd. was done and completed on 06.06.2013.  But after that complainant No.2 noticed that the OPs-ICICI Bank Ltd. started taking cash pick up charges and different fake charges from the account of the complainant No.1, Firm being number 695351000003 and thereafter several correspondences in the meantime have been made in between the parties, lastly by the OPs through reply notice dtd. 03.08.2018 as against complainants’ legal notice dtd 12.07.2018.

                             Section 2(1)(d) of Consumer Protection Act 1986 has defined the term “Consumer” and here in this case it should be borne in mind that the complainants’ have their dissatisfaction and grievance as well as allegations against the OP-Bank which has cropped up basically from cash credit facility account of them with the OP-Bank amount of Rs. 1.75 Crore. The definition consumer as in Section 2(1)(d) of the C.P Act1986, has its Explanation which runs as follows:- “For the purposes of this clause, “commercial purpose” does not include use by a person of goods bought and used by him and services availed by him exclusively for the purposes of earning his livelihood by means of self-employment”.  Thus from plain reading of above ‘Explanation Clause’ it appears that for the purpose of earning of their livelihood by means of self-employment here in this case the complainants are not coming before this District Consumer Disputes Redressal  Forum and moreover where the basic amount involved in this case is in the form of cash credit has been mentioned as Rs. 1.75 Crore which is the source then that factor  palpably shows and establishes that the said amount well exceeds the limit of pecuniary jurisdiction of this District Consumer Disputes Redressal  Forum and accordingly on this backdrop we are of the considered view that this case is not a deserving case to be admitted here, hence it is not admitted by this District Forum.

 

 
 
[HON'BLE MR. JUSTICE Shri Subhabrata Chaudhuri]
PRESIDENT
 
[HON'BLE MRS. MALLIKA SAMADDER]
MEMBER
 
[HON'BLE MR. Shri Tapan Kumar Barman]
MEMBER

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