Kerala

StateCommission

RP/23/2017

SOUTH INDIAN BANK LTD - Complainant(s)

Versus

PHILIP ANIL CHERIYAN - Opp.Party(s)

R.S.MOHANAN NAIR

06 Nov 2017

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION SISUVIHARLANE VAZHUTHACAUD THIRUVANANTHAPURAM

                                                      REVISION.NO.23/2017

ORDER DATED : 06.11.2017

(Revision  filed against the order in CMA.No.13/2016 in CC No.30/2017 on the file of CDRF, Pathanamthitta , order dated :27.03.2017 )

 

PRESENT

JUSTICE SHRI.S.S.SATHEESACHANDRAN          : PRESIDENT

SRI.V.V.JOSE                                                   : MEMBER

REVISION PETITIONERS/COUNTER PETITIONERS

1.  The South Indian Bank Ltd, having its registered office at Thrissur represented by its General Manager, Head Office, SIB house, T.B.Road, P.B.No.28, Thrissur-680 001
2.  The Branch Manager, South Indian Bank, College Road, Pathanamthitta

 

By Advocate Sri.R.S.Mohanan Nair.

REVISION COUNTER PETITIONER/PETITIONER

          Philip Anil Cherian, S/oCherian, Proprietor, Big Field Drug         Links, Big Field Partners Avenue, Near Government  Hospital,          Pathanamthitta

 

                   By  Advocate Sri.Pradeep Kumar C.M

 

 

 

 

 

ORDER

JUSTICE SHRI. S.S.SATHEESACHANDRAN: PRESIDENT

Revision is filed by opposite parties in C.C.No.30/17 on the file of Consumer Disputes Redressal Forum for short ‘district forum’, Pathanamthitta. Challenge in revision is against the order passed in CMA 13/16 an application moved by them impeaching maintainability of the complaint.  The district forum negativing the  challenge  held that the complaint is maintainable. Aggrieved by that order, opposite parties have filed this revision.

2.  Complainint who is carrying on wholesale business of pharmaceutical distribution laid the complaint for refund of excess amount alleged to have been collected by opposite parties on the loan advanced to him with compensation of Rs.5 lakhs.  Opposite parties, a bank and its branch manager, impeaching the maintainability of the petition contended that complainant is not a consumer as the loan had been extended to him for carrying his commercial business.  Objection raised as above was found not appealing to district forum and it was turned down under the impugned Order.

3.  Notice was given to respondent/complainant, but, after service he has elected to remain absent

4.  Learned counsel for revision petitioners has handed over to us a copy of the complaint.  Perusing the complaint we find that the complainant enjoyed a cash credit over draft limit from first opposite party/bank to the limit of Rs.1 crore 50 lakhs and later it was raised to 2.85 crores dividing the over draft limit to Rs.one crore 75 lakhs and providing a working capital term loan of Rs.one crore. Apparently loan facility provided by opposite party/bank  was  for commercial purpose carried by the complainant as a wholesale dealer.
There is no whisper in his complaint that such business is carried out by him for his livelihood to come within the exception covered under the definition of Consumer. When he happens to be a wholesale dealer in the backdrop of the loan facility availed it is crystal clear that his business is not for eaking his livelihood and he does not come under the definition of consumer. District forum has not gone into the maintainability of his complaint in the proper perspective and that has resulted in forming a conclusion that the complaint is  maintainable. Where it is shown that the complainant does not come under the definition of consumer the claim canvassed against the bank imputing realization of excess interest on the loan extended for carring out his commercial purposes ought to have been turned down at the threshold holding that the complaint is not maintainable  Reversing the order of district forum it is ordered that the complaint of opposite party shall stand struck off from the file of district forum, Pathanamthitta.

Revision is disposed.

JUSTICE S.S.SATHEESACHANDRAN:  PRESIDENT

 

 

V.V.JOSE                            :  MEMBER

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THE KERALA STATE              CONSUMER DISPUTES   REDRESSAL COMMISSIION

VAZHUTHACAUDE,

THIRUVANANTHAPURAM

 

 

 

 

 

          Order  IN  RP 23/2017

         DATED 6.11.2017