West Bengal

Paschim Midnapore

CC/199/2016

Parijat Chakraborty - Complainant(s)

Versus

Manager, I.D.B.I. Bank - Opp.Party(s)

28 Nov 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.                           

     

Bibekananda Pramanik, President,

Pulak Kumar Singha, Member,

and

Sagarika Sarkar, Member.

Complaint Case No.199/2016

 

Sri Parijat Chakraborty, S/o-Sri Biswanath Chakraborty,

Vill-Chandrakona Road,

P.O.-Santbankura, P.S.- Santbankura,

District-Paschim Medinipur

                                                                ..………..……Complainant.

Vs.

Manager, IDBI Bank, Raja Bazar,

Head Post Office Road,

                                                                            District-Paschim Medinipur

                                                                                                              ...……….….Opp. Parties.

                                                    

                For the Complainant  : Mr. Rajkumar Das, Advocate.

                For the O.P.                 : Mr. Goutam Kumar Das, Advocate.

 

                Decided on:28/11/2017

                               

ORDER

            Pulak Kumar Singha, Member : 

 

                     Complainant files  this case u/s 12 of the C.P. Act, 1986.

  In short the case of the complainant is that the complainant for his business purpose took O/D loan from OP-Bank and at the time of taking loan cash credit limit was rupees twenty lakhs. Said O/D loan was valid for one year and complainant renued the loan account in the year 2015  which was valid upto 31/03/2016, thereafter OP-Bank renued the loan account another one year and complainant last time withdrawn amount of Rs.21,000/- on 07/09/2016. Subsequently due urgent need of money complainant sent one

                                                                                                                                                             Contd……………P/2

 

                                                                                                  ( 2 )                                                                                                   

person to withdraw Rs.1,00,000/- through cheque but O.P. refused to pay. O.P. blocked the said account on 28/10/2016. Complainant several times requested O.P. to open the account but O. P. did not pay heed for which complainant sustained great loss. Complainant appeared before this Forum for getting relief as per prayer of his complaint.

O.P. contested the case by filing written objection denying the allegations of complainant stating inter alia that the complaint is not maintainable, complainant is not a consumer as per Sec. 2(1)(d) of C.P. Act, complainant took O/D loan for commercial purpose, complainant did not make any effort for submission of renewal documents to O.P.-Bank complaint is not entitled to operate the account after expiry of 09/02/2016.          

                                                                                                    

                                              Points for decision

1. Whether the present complaint is maintainable ?
2. Is the opposite party deficient in service as a service provider ?
3. Is the complainant entitled to get any relief as prayed for ?    

                             Decision with reasons

All the points are taken together for the sake of convenience, brevity and consideration. We travelled over the complaint documents and evidence, it appears that complainant took L. A. P. O.D. loan from the O.P.-Bank on 04/01/2014 with loan limit of rupees  twenty lakhs and subsequently loan limits was extended on 05/02/2015 upto rupees twenty seven lakhs with certain terms and conditions as per loan agreement. Complainant stated O.D. loan account was running and transaction was going on and complainant due his urgent need of money placed a cheque of rupees one lakh before O.P.-Bank which has been refused by O.P. as the O.D. loan account has been closed.  O.P.  closed the loan account without any intimation to the complainant. O.P. by filing written objection stated that said O.D. loan account was valid for the period of one year and thereafter it will continue after renewal of the same by the complainant’s prayer. Second time loan  account was valid up to 09/02/2016 but due to illness and prayer of complainant the expiry period of loan account was extended upto 09/09/2016 but after expiry to till date complainant did not submit any  prayer for extention the period of loan account. Complainant did not establish by any cogent evidence that he had made any prayer for renewal before O.P. and as per agreement it is mandatory that complainant have to made prayer for renewal of Loan Account. Moreover O.P. stated in their written objection that complainant did not repay the over dues amount against said O.D. loan amount. It is the discretionary power of O.P. whether loan period will be extended or not. O.P. send notice under SARFAESI Act for recovery of over dues amount from complainant. From the complaint it reveals that

                                                                                                                                                                   Contd……………P/3

 

                                                                                                    ( 3 )

complainant himself admitted that he is a reputed businessman and deals with different types of business. He is also the proprietors of Bishnupur Pvt. I.T.I. and C.A. Infotech, Midnapore. In the four corners of the complaint there is no whisper that for lively hood complainant run the  business and took O.D. loan for that purpose. Complainant runs his business purely commercial purpose and as per Sec.2(1)(d) the complainant is not a consumer under C.P. Act, 1986. Complainant took such loan from O.P.-Bank for commercial purpose moreover loan limit of O.D. facilities was Rs.27 lakh and this Forum has no jurisdiction to try any  commercial business case or cannot try any case which exceeds the limit of pecuniary  jurisdiction of this Forum. As such this complaint case is not maintainable and O.P. has no deficiency of service for that complainant is not entitled to get any relief as prayed for.

In view of the discussions here in before the complaint case has no leg to stand, for such complainant is not entitled to get any order.           

                      Hence, it is,

                                                 Ordered,

                          that the complaint case be and the same is dismissed on contest without cost.

                       Let plain copy of this order be given to the parties free of cost.

           Dictated and Corrected by me

                      Sd/-P.K. Singha                               Sd/- S. Sarkar                    Sd/-B. Pramanik. 

                             Member                                          Member                               President

                                                                                                                           District Forum

                                                                                                                       Paschim Medinipur