Order No:  3                                                                                      Date:04/12/2024

Today is fixed for filing show-cause by the complainant. Complainant side is found present and ready. Show-cause filed by complainant. Perused the show-cause petition. Grounds stated in the show-cause petition are found satisfactory and it is accepted.

The admission hearing matter is taken up for consideration.

Heard ld. Advocate for the complainant side. Considered submission. In course of hearing the complainant side has filed a copy of notice issued by Roy Legal Associates, Kolkata-1. Let it be kept with the record.

In course of hearing complainant side has given emphasis on the documents.

On close examination of the materials of the case record it is revealed that no cogent evidence relating to seizure of the vehicle by the O.p.-Bank has been filed. Moreover, statement of account regarding loan has also not filed by the complainant.

Moreover, the said vehicle is carrying commercial number which indicates that the complainant was running the vehicle for commercial purpose. In this regard the complainant side has adopted the plea that they have purchased the vehicle for earning livelihood. In support of point of contention no documents have been filed.

Moreover, as per decision of Hon’ble Apex Court reported in 2024(3) Indian Civil Cases page 291(SC), Commercial purpose is not maintainable before the Consumer Commission.

Considering all the above noted factors, this complaint case is not admitted and it is dismissed. No order is passed as to cost.  

Dictated & corrected by me.

President