Complainant files advocates hazirah.
Today is fixed for admission hearing of the case but on scrutiny of the record it is found that the Complainant took a loan of Rs.68,67,470/- from the Clix Finance India Pvt. Ltd. But in the loan agreement there is no terms and conditions regarding the rate of interst against the said loan. But on 17.12.2021 Respondent demanded Rs.8,07,900/- as it is due and payable by the Complainant against such loan account despite paying all the dues lying with the Respondent. Thereafter, the Complainant gave a reply that the Respondent may supply the statement of the account but till today the Respondent has not yet supplied the said statement. For this reason the Complainant filed this instant case before this Commission.
Ld. Adv. for the Complainant submits that the Complainant is a consumer under section II (7) of the Consumer Protection Act, 2019.
We peruse the said provisions of Law.
According to Section II (7) of the Act, Consumer means any person who – i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the persons who buys such goods for consideration paid or promised or partly paid or partly promised, or under in system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resell or for any commercial purpose: or
ii) hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment and includes any beneficiary of such service other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purpose.
Explanation- For the purposes of this clause, -
- The expression ‘’Commercial Purpose” does not include use by a person of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self employment.
- The expressions “buys any goods” and “hires or avails any services” includes offline or online transactions thorugh electronic means or by teleshopping or direct selling or multi-level marketing;
In the instant case the Complainant is a proprietor of Sirajdulla Diagnostics Centre at Lalbagh Hospital Road, Golapbagh, PO&Dist-Murshidabad. So it is clear that the Complainant took the loan for commercial purpose and as such the Complainant does not fall within the definition of Consumer as per section II (7) of the Act.
Such being the position, the instant case is not admitted and as such it is dismissed.
Hence it is,
ORDERED
that the instant case No. CC/78/2022 is not admitted and as such it is dismissed on merit.
