DATE OF FILING: 22.05.2014

                        DATE OF DISPOSAL: 22.05.2018.

Sri Karuna Kar Nayak, President.   

               The complainant Smt. Sukanti Kumari Muni has filed this consumer complaint Under Section 12 of the Consumer Protection Act, 1986, alleging deficiency in service against the Opposite Parties  ( in short the O.Ps) and for redressal of her   grievance before this Forum.  

               2. Briefly stated the case of the complainant is that the O.Ps are the partners of M/s Joga Tattwa Group Pvt. Limited, who promised for sanction of loans to the complainant. As per the promise of the O.Ps the complainant deposited six numbers of cheque amounting to Rs.12,00,000/- which was issued by the O.P. in the name of the complainant in her S.B. Account Number 31552907815. On receipt of the cheques in question the complainant endorsed the same before the State Bank of India, Suroda Branch, Suroda, Dist: Ganjam for necessary collection of the amount to her S.B. Account. The State Bank of India, Surada Branch refunded the cheque mentioned by the ICICI Bank as “Funds Insufficient”. For the deficiencies of services on the part of the O.Ps the complainant suffered from harassment, causing mental agony for which entitled for exemplary compensation for the deficiency of the services. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.Ps for payment of Rs.12,00,000/-alongwith interest @15% from the dates of issue, compensation of Rs.50,000/- and litigation cost of Rs.10,000/- in the best interest of justice.

               3. Notices were issued against the Opposite Parties but they neither choose to appear nor filed any written version. Even after notice published in the daily newspaper “Anupam Bharat” dated 03.11.2017 but they did not appear. Hence all the O.Ps are declared set exparte on dated 07.03.2018.

               4. On the date of exparte hearing of the consumer complaint learned counsel for the complainant is present. We heard argument from the advocate for complainant at length and perused the complaint petition, written arguments and materials placed on the case record. The facts as stated in the complaint petition do not raise any consumer complaint. The complainant is not a consumer under the Opposite parties and the case does not come within the meaning of Section 2(1)(d) of the Consumer Protection Act, 1986. The grievance of the complainant is a cheque bounce case and this type of grievance squarely comes under the purview of Section 138 of Negotiable Instrument Act. This Forum has got no jurisdiction to adjudicate this complaint, hence dismissed.

               5. In the result the complainant’s case is dismissed against the O.Ps without cost.

               The order is pronounced on this day of 22nd May 2018 under the signature and seal of this Forum. The office is directed to supply copy of order to the parties free of cost and a copy of same be sent to the server of www.confonet.nic.in for posting in internet and thereafter the file be consigned to record room.