Rajasthan

StateCommission

A/383/2019

Au Small finance bank - Complainant(s)

Versus

Nitin Agarwal S/o Shri Naresh Kumar Agarwal - Opp.Party(s)

Ajay Tantia

11 Feb 2020

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

 

FIRST APPEAL NO: 383/2019

 

A.U.Small Finance Bank Ltd., Ravinder Path, Opp.Amrit Mishthan Bhandar, Sriganganagar

Vs.

Nitin Agarwal s/o Naresh Kumar Agarwal r/o 61 N-Block, Goshala Road, Block Area, Sriganganagar.

 

Date of Order 11.2.2020

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Hon'ble Mrs. Meena Mehta -Member

 

Mr. Ajairaj Tantia counsel for the appellant

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

This appeal is filed against the order of the learned

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District Forum, Sriganganagar dated 9.10.2018 whereby the claim is allowed against the appellant.

 

The only contention of the appellant is that consumer complaint was not maintainable as the loan was disbursed for business purpose. Transaction was commercial one.

 

Heard the counsel for the appellant and perused the impugned judgment as well as original record of the case. None appeared on behalf of the respondent inspite of service.

 

The appellant has submitted the copy of loan application wherein the respondent and co-applicants have asked for the loan but other co-applicants have not been made party and no reason has been assigned for the same. Further more as per schedule 1 of the loan agreement the purpose of the facility is business and as per statement of account product code is also business funding. Hence, when loan has been taken for business purpose the transaction is commercial one and consumer complaint is not maintainable. The respondent has purposely not disclosed the nature of the transaction in the

 

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consumer complaint.

 

In view of the above, the appeal is allowed and the order of the Forum below dated 9.10.2018 is set aside.

 

(Meena Mehta) (Nisha Gupta)

Member President

 

 

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