HON’BLE MR. SUDEB MITRA, PRESIDING MEMBER
Order No. : 02
Date : 09.02.2024
The Complainant M/S. Sangopang Brick Private Ltd., represented by one of its Directors, namely, Pulkit Chhajer of Mallarpur, Birbhum has filed an application U/Sec. 35 of the Consumer Protection Act of 2019, seeking specific reliefs, as reflected in the prayer portion of the instant Consumer Complaint Case, for the loss suffered by the complainant due to negligence of the OP side of this Complaint Case in providing service and for non taking of legal action in time against the illegal activities done by the third party in the stock and property of the complainant mortgaged to the OP Bank by the Complainant and also for OP’s creating pressure upon the complainant to clear the entire due loan amount towards the OP side.
I have given anxious consideration to the contents of the complaint case and the annexed documents vide Annexure A to M.
It appears from the available materials on record that there was an existence of “Teaming Agreement” in between the Complainant and JD Blocks represented by Jaydip Dutta for supervision and running of business of the complainant and production of Ash bricks and blocks in the complainant’s factory. It appears the said “Teaming Agreement” was terminated by the complainant and over that issue and other related problems, commercial litigation in between the complainant and JD Blocks was initiated and it appears that vide order dated 24.01.2023 in FMAT 21/2023, (Vide Annexure H) in this complaint, the Hon’ble High Court, Calcutta was pleased to grant an interim order in favour of Appellant of the said FMAT 21/2023 Jaydip Dutta and other restraining the defendant side of the said FMAT 21/2023 i.e. the complaint of this Consumer Complaint Case from disturbing in Management and production of the manufacturing units in terms of pertinent Agreement dated 01.05.2022.
In this backdrop, over the allegation of not giving protection against the J.D. Blocks i.e. Appellant/Complainant of FMAT for removal of the stocks of the Complainant of this Case the complainant intended this case to be admitted as Consumer Case, over the allegation of creating pressure upon this complainant by the OP to repay the entire loan amount by March 2024, and the complainant has filed this complaint case, alleging deficiency in service by the OP Bank as service provider towards its consumer i.e. towards the complainant of this Consumer Case.
It appears from the materials on record that complainant of this case is a Private Ltd. company and the service that had been availed itself of by the complainant company from the OP Bank has been availed for a commercial purpose by the complainant. No potential document also could be shown the complainant to show that on the happening of the occurrence as alleged by the complainant, the OP Bank will stop asking the complainant to repay loan by EMI in this case.
Besides intricate questions of law appear to be involved in the backdrop of this case reflecting existence of commercial disputes and disputes of Civil Nature, involving the complainant of this case with 3rd Party in whose favour an injunction order of the Hon’ble High Court, Calcutta over the properties in the factory of the complainant and the stocks of the complainant hypothecated to the OP of this Case is existing.
The judgement of Revision Petition No. 1746 of 2018, passed by the Hon’ble NCDRC on 12.01.2023 referred by the Complainant in the Revision Petition contested by the SBI Alugram Branch Murshidabad VS Nur Hassain submitted by the Ld. Counsel for the complainant of this case to substantiate the admissibility of this case before this Commission appears to be not tallying with the nature, ground and factual matrix of the present case in hand in this commission for admission of the complaint case in favour of the complainant.
In this back drop, I do not find any cogent ground to admit this case in consonance with the scopes of the Consumer Protection Act of 2019.
Accordingly, this case is not found admissible as per scopes of C.P. Act of 2019 in this Commission and is thus disposed of.
