Orissa

Cuttak

CC/356/2023

Agarwal Transport Corporation - Complainant(s)

Versus

Indusind Bank - Opp.Party(s)

A Mishra

21 May 2024

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION, CUTTACK.

      C.C.No.356/2023

Agarwal Transport Corporation through

Its Authorized Representative Mrs. Kanta Agarwal,

W/O: Ramachandra Agarwal,

Resident of Baghmangla Lane,

                   Mangalabagh,Cuttack-753001.                                   ….Complainant

 

                      Vrs.

 

             IndusInd Bank, represented through its

Branch Manager,Chandi Chhak Branch,

At:Ground Floor,Plot No.346,

PO:Buxi Bazar,P.S:Cantonment Road,Cuttack.          ….Opp. Party.

 

Present:         Sri Debasish Nayak,President.

                      Sri Sibananda Mohanty,Member.

 

Date of filing:    18.10.2023

Date of Order:  21.05.2024

 

For the complainant:             Mr. Asish Mishra,Advocate.

For the O.P                :                           None.

 

Sri Debasish Nayak,President

 

Case of the complainant as made out from the complaint petition in short is that in order to fulfil his business requirements he had availed a cash credit account with the O.P Bank vide account Number 650014123651 which was valid for one-year which is upto 15.12.2022.  The limit of the said Cash Credit Account was of Rs.1,80,00,000/-.  The complainant had submitted all the necessary documents to the O.P prior to 15.12.2022 in order to renew the Cash Credit limit.  The complainant had made several follow-up calls and had also visited the O.P Bank with the intention to renew his Cash Credit Account.  He has also made a representation on 3.1.2023 furnishing all the required documents for renewal-cum-reduction of his loan facilities by proposing to reduce the limit of his Cash Credit Account but the O.P has not provided any intimation to him to that effect.  Rather penal interest of 2% over 11% standard interest was charged by the O.P Bank on his Cash Credit Account and thereby an amount of Rs.1,96,453/- was arbitrarily deducted from his said account.  On 7.3.23 a warning e-mail was rather sent to the complainant from the O.P bank to the effect that the account of the complainant will be restricted if he fails to submit all the required documents.  The complainant thereafter had decided to close the GECL Loan account number 570000010205 due to negligence and deficiency in service of the O.P Bank and for their e.mail dated 10.5.2023.  An outstanding balance of Rs.6057/- pending against the loan account was deducted from his Cash Credit Account bearing number 65001412365. The complainant had thereafter sent numerous reminders to the O.P Bank through e.mails regarding the closure of his Cash Credit Account but no action to that effect was initiated.  Being fully disgusted upon the service of the O.P Bank the complainant  has come up with his case before this Commission claiming from the O.Ps compensation of Rs.10,00,000/- towards deficiency in service, Rs.5,00,000/- towards loss of Goodwill, Rs.20,00,000/- towards loss in business, Rs.2,00,000/- towards his litigation expenses and Rs.2,00,000/- towards the mental agony and harassment as caused to him.  He has also prayed for any other order as deemed fit and proper.

          Alongwith his complaint petition, the complainant has filed copies of several documents in order to prove his case.

2.       Having not preferred to contest this case, the O.P has been set exparte vide order dated 12.12.2023.

          Though last chance was given but either of the parties had not submitted their written notes of submission in this case even cost imposed to that effect was not deposited by the parties in this case.

3.          The points for determination in this case are as follows:

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.P ?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Point no.i.

Out of the three points, for the sake of convenience, point no.i is taken up  first for consideration here in this case.

On perusal of the complainant petition, it is quite clear that the complainant in order to fulfil his business requirements he had opted for Cash Credit Account with the O.P Bank for a limit upto Rs.1,80,00,000/-.  As it appears from the complaint petition, the case is based only on commercial transactions.   Thus, the complainant cannot be termed to be a consumer as per the definition of the Consumer Protection Act,2019.  Accordingly, the case as initiated by the said complainant who is not a consumer here in this case, cannot be said to be maintainable.  Thus, this issue goes against the complainant.

Points no.ii & iii.

          From the discussions as made above, it is held that when the case of the complainant is not maintainable before this Commission, further discussion on the other points is unnecessary.  Hence it is so ordered;

                                                          ORDER

          The case is dismissed exparte against the O.P and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 21^st day of May,2024 under the seal and signature of this Commission.         

 

                                                                               Sri Debasish Nayak

                                                                                       President

                     

 

                                                                          Sri Sibananda Mohanty

                                                                                             Member