ADV. RAVI SUSHA, MEMBER. This is a complaint filed by the complainant to repay the excess interest, and return the cheque leaf, compensation costs etc. The averments in the complaint can be briefly summarized as follows: The complainant is conducting a Jewellery shop at Kollam under the name and style Krishna Jewellers. The opp.parties representatives visited the shop of the complainant and detailed the scheme of consumer loan and at that time they had assured that the rate of interest was @ 12% per annum and made the complainant to believe that he did not spend time for making loan application and the 1st opp.party along with his representatives visited the complainant’s shop and got the signature of the complainant in a printed form without mentioning any details and the 1st opp.party refused to made it clear bout the contents of the form. The complainant has availed a consumer loan from the opp.party vide A/c.No.909771 for Rs.35,000/- on 25.7.06 At the time of availing the loan the first opp.party affirmed that the rate of interest of the loan was @ 12% per annum and the complainant would repaid the loan amount within 36 months. At the time of executing the loan application complainant had submitted his Bank Statement, copies of Pan Card, Ration Card, Electron Identity Card, Saral, Sale Tax, Balance sheet for the scrutiny of the opp.parties The installment amount was fixded by the opp.parties and to the tune of Rs.1906/- per month and that period starts from the month of September 2006. The complainant refused to pay the instalment amount fixed by the opp.party The complainant had remitted 14 instalments commencing from 5.9.06 @ of Rs.1906/- per month totaling Rs.26,684/-. The complainant has requested the details of statement of his account, but the opp.party denied his request and instructed to remit Rs.220/- towards the cost of the statement and on 6.11.07 the complainant remitted the amount and availed the details of the statement of account. The complainant had paid 2.66% per month towards interest which is Rs.933.91/- per month. The interest rate realized by the opp.parties are improper and against natural justice. The complainant had remitted Rs.26684/- The opp.parties has violated the terms of the conditions agreed by them and committed unfair trade practice by realization improper rate of interest and levied Rs.220/- towards statement of account. Hence the complaint. The opp.parties filed version contending, interalia, that the complaint is not maintainable either in law or on facts. The complainant is not a consumer as defined under section 2 [1][d] of Consumer Protection Act. The relationship between the complainant and the opp.parties is debtor and creditor and not like a consumer and service provider. The remedy is to file a suit in the civil court. The subject matter of the complaint is thoroughly commercial nature and no cause of action arouse in favour of the complainant and the rate of interest is being charged in accordance with the terms and conditions of the loan agreement executed between the parties at the time of sanctioning the said loan. After deducting the processing fee service tax and other statutory charges from the loan amount every loan was disbursed. There is no unfair trade practice and deficiency in service on the part of the opp.parties. Hence the opp.parties prays to dismiss the complaint. Points that would arise for consideration are: 1. Whether there is deficiency in service on the part of the opp.parties 2. Reliefs and costs. For the complainant PW.1 is examined.. Ext. P1 to P2 are marked. For the opp.parties DW.1 is examined. Ext D1 and D2 are marked. POINTS: Here the complainant admits that he had signed in the agreement and remitted 14 instalments commencing from 5.9.06 at the rate of Rs.1906/- per month. According to the complainant when he received the statement of account, on scrutiny of it, he could realize that the opp.party is realizing interest rate 32.02% per annum and violated the terms of the conditions agreed by them . We are of the view that the complainant cannot raise such a contention after remitting 14 instalments and after that became a defaulter . Complainant’s contention is that the 1st opp.party along with his representatives visited the complainant’s shop and got the signature of him in the printed form without mentioning any details. When a person sign in printed form, the presumption is that the said person must know the terms and conditions in the said form. Hence after signing the agreement and remitted 14 instalments the complainant cannot raise such a contention that he was unaware of the terms and conditions in the agreement and the instalment rate. Opp.party’s main version is that the complainant is liable to be dismissed on the ground that rate of interest being charged by the opp.party is excessive or not is beyond the purview of the Consumer Protection Act. They have raised such a contention in support of decision such as Ventaka Narayanan V/s. The Manager, LIC of India and another III [1995] CPJ 67 and Ganesh Mahal V/s The Manager Karnataka Bank Ltd III [1995] CPJ 432. In this case the complainant after receiving the statement of account paid another five instalments. After that he became defaulter. This shows that the complainant who have experience in gold business has signed the agreement after knowing the terms and conditions and the instalment rate. From the whole evidence there is no evidence to show that the opp.party has violated the terms and conditions agreed between the parties. Hence there is no unfair trade practice or deficiency in service from the side of opp.party. In the result the complaint fails and the same is hereby dismissed without cost. Dated this the 23rd day of September, 2010. I n d e x List of witnesses for the complainant PW.1. – K. Dasaradhan List of documents for the complainant P1. – Receipt dt. 6.11.2007 P2. – Statement of account. List of witnesses for the opp.parties DW.1. – Talu Ebraham. List of documents for the opp.parties D1. – Guidelines of Reserve Bank of India D2. – copy of undertaking | 
