Sri Utpal Kumar Bhattacharya, Member

Instant Appeal u/s 15 of the C.P Act, 1986 has been filed challenging the judgment and order dated 06.08.2018 passed by the Ld. District Forum, Kolkata Unit—II in Complaint Case No. CC/353/2018 rejecting the complaint observing the same not fit for admission since the transaction made between the OP Bank and the Complainant was for commercial purpose and accordingly, was barred from being covered under the C.P Act, 1986 as per exemption clause envisaged therein under Section 2(i)(d). The Appeal was heard ex parte against the Respondent/OP. The Ld. Advocate appearing on behalf of the Appellant/Complainant submitted that the Ld. District Forum had ordered against the admission of the complaint observing the subject transaction a commercial one without assigning any reason. The case, as he continued to submit, should have been admitted first and the decision should have been arrived at only after allowing the parties an opportunity of being heard on merit. He prayed for the case to be remanded to Ld. District Forum for hearing the same on merit and passing reasoned order examining all aspects including the nature of the transaction in question.

Perused the papers on record and considered submissions of the Ld. Advocate appearing on behalf of the Appellant/Complainant. The impugned order appears to be cryptic and not explicit as to why the subject transaction should be treated as a commercial one. A loan taken from the financial institution is not always to be treated as a commercial transaction as per provision laid down in the C.P Act, 1986. Section 2(i)(d) ibid has explained unambiguously that even a person making a commercial transaction for earning his/her livelihood by way of self employment should come within the meaning of consumer. Impugned judgment and order seems to have been passed without taking into consideration the above provision of the C.P Act, 1986. From that point of view, the submission of the Ld. Advocate for the Appellant/Complainant appears to be tenable.

Hence,

Ordered

that the Appeal be and the same stands allowed in part. The case be sent on remand to the Ld. District Forum for hearing the case on merit and disposing it of by passing a reasoned order. No order as to costs. The Appellants are directed to appear before the Ld. District forum on 18.07.2019