Rajasthan

StateCommission

A/645/2019

Yogendra Soni s/o Lath Sahab Soni - Complainant(s)

Versus

Indusind Bank Throaugh its Branch Manager - Opp.Party(s)

Aditya Jain

05 Aug 2019

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

 

FIRST APPEAL NO: 645/2019

 

Yogendra Soni r/o Ward No. 13, Tehsil Surajgarh Distt. Jhunjhunu.

Vs.

Indusind Bank through Br.Manager, Behind Sangam Motor Tehsil & Distt. Jhunjhunu.

 

 

Date of Order 5.8.2019

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Hon'ble Mrs. Meena Mehta -Member

 

Mr. Aditya Jain with Ms. Neha Gyamlani counsel for the appellant

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

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This appeal is filed against the order of the learned District Forum, Jhunjhunu dated 15.4.2019 whereby the claim is dismissed on the ground that transaction is commercial one.

 

Heard the counsel for the appellant and perused the impugned judgment.

 

The Forum below has specifically held that for two buses financial facility was availed and counsel for the appellant has also admitted this fact before the Forum below.

 

The contention of the counsel for the appellant is that admission was in relation to other vehicle but this contention has no force as before the Forum below the dispute was in relation to two buses and vehicle no. RA 18 PA 3558 has also been mentioned by the Forum below. Hence, when the vehicle was commercial one, it was used commercially and the Forum below has rightly held that consumer complaint is not maintainable.

 

The other contention of the appellant is that he was

 

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plying the vehicle for his livelihood but admittedly this fact has

not been pleaded in the complaint hence, seems to be after thought.

 

The appellant has relied upon judgment passed by the Hon'ble National Commission in First Appeal No. 159/2004 Harsolia Motors Vs. National Insurance Co. where question was only in relation to insurance policies and National Commission was of the view that insurance policies cannot be held to be taken for commercial purpose and insurance claims were taken out of the term commercial activity.

 

Reliance has also been placed on the judgment of Hon'ble National Commission in First Appeal No. 235/2016 Br.Manager, ICICI Bank Vs. Limenaph Chemicals Pvt.Ltd. where transaction was with the bank and it was not for germination of profit which is not the case here. The financial facility has been obtained to facilitate the commercial transaction hence, claim has rightly been dismissed.

 

In view of the above, there is no merit in this appeal and

 

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stands dismissed.

 

(Meena Mehta) (Nisha Gupta)

Member President

 

 

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