Haryana

Yamunanagar

CC/194/2023

M/s Sarafat Ali Shuttering Store - Complainant(s)

Versus

Ms. Vaishalli, Branch Manager, Punjab National Bank - Opp.Party(s)

Virender Kashyap

15 Jun 2023

ORDER

CC No.194 of 2023

M/s Sarafat Ali Shuttering Vs. Ms. Vaishali, BM, PNB.

 

Present:       Sh. Virender Kashyap, Adv. for the complainant.

 

ORDER:-

                  

1.                Heard, on the point of admission of this complaint.                 

2.          Complainant alleged, he approached the respondent in the month of June, 2021, for sanction of his loan, in the sum of Rs.10,00,000/- and for this purpose, he arrange the following documents: ITR for year 2022-2023, Quotation of Project, Udham Registration Certificate, Project Report from CA, Rent Agreement of shop (Rs.2,000/- p.m.), GST Registration, PMEGP Registration and also incurred expenditure for processing, his case, but despite repeated visits, the respondent had not bother to sanction the loan, in his favour, nor declined, which is an act of negligence, deficiency in service, on the part of the respondent, which caused mental agony, harassment, financial loss and constrained him to file the complaint, before this Commission.

3.                First of all, neither it is pleaded, nor there is any document, on the record, that the complainant paid any amount of fee to the respondent for sanction of loan, in his favour, in the sum of Rs.10,00,000/-. Again, he might have collected the documents, mentioned, here-in-before, but it is not his case that he ever submitted the documents, with the respondent. The person who has not paid any monetary consideration to the respondent, to avail particular service, then, said person does not fall, within the definition of consumer, due to non-payment of any amount of consideration to the respondent. The relationship of consumer and service provider, between the parties, has not been established therefore, complaint is not maintainable.

4.             Furthermore, assuming the version of the complainant, as true, even then, this Commission has no jurisdiction to order the respondent, to sanction loan, in favour of the complainant, to the extent of any amount. It is the sole discretion of the respondent, to give loan to particular consumer or not, because, at the time of giving of loan, credentials of the borrower, play a significant role and if the, complainant is discriminated by the respondent and the loan has been sanctioned, in the name of the similar situated persons, then, the complaint may invoke the jurisdiction of Civil Court concerned, not the jurisdiction of Consumer Commission.

5.               The complaint is dismissed, it being non maintainable, leaving the complainant to bear the cost of litigation himself. However, the complainant shall be at liberty to raise his grievance, before the appropriate Authority/Court, if advised, so.

6.                File be consigned to the records.

Dated: 15.06.2023.    

                                                                             (Gulab Singh)                                                                                 

                                                                     District & Sessions Judge (VRS)

(Geeta Parkash)     (Jasvinder Singh)                      President,

Lady Member.      (Member).                              DCDRC, YNR.     

 

 

Typed by: Aarti.