To-day is fixed for admission hearing.

Ld. Advocate for the complainant files hazira.

Heard the Ld lawyer. Perused the complaint and the documents thereto.

The case of the complainant is, in brief, that the OP No.1 and his representative OP No.2 agreed in Aug, 2018 to provide the complainant with a loan of Rs. 24 lakh for purchasing an office premise from ‘Himalayan Developers’.  On 10.09.2018, the complainant received system generated message from the OPs through Auto Push system (ADHDFCBK) that the loan is approved in favour of the complainant vide loan proposal NO. 83362553 and on 03.10.2018 that the loan amount of Rs. 24 lakh has been credited to his a/c No. 50200024566002.

But no loan was actually credited, rather, the OPs recovered one installment of Rs. 31,385/- on 09.11.2018.  The complainant informed of such an act to the OP No. 4, being higher authority of OP No. 1 & 2.  The complainant expressed his grievance also in writing on 28.11.2018 to the OPs but to an utter surprise, the OPs took a plea and sent the complainant a reply thereto on 07.12.2018 that the loan has been cancelled on 17.11.2018 on such written request, i.e. dtd. 28.11.2018, but without returning the original documents to the complainant.  The complainant sent a lawyer’s notice dtd. 12.12.2018 to the OPs who did not, however, bother to reply.  Hence, is the case.

Perused and considered. The complainant sought as relief, inter alia, interest @30% on Rs. 24,00,000/-.  In the lawyer’s notice too, the complainant has claimed the same as one of the relieves.  The Ld. lawyer for the complainant made the oral submission that he is no more interested in getting the loan.  Giving up the claim of loan means complainant’s acceding to the OPs’ letter dated. 07.12.2018 and by such acceding to, in turn, the complainant ceases to be a consumer from that date, being the cause of action.  Therefore, the instant complainant is hit by Section 2(d) of the C.P. Act 1986.

Continue….

Consumer Case No. 04/S/2019.

On the other hand, neither in the complaint itself, nor in the lawyer’s notice, has the complainant directly refused to take the loan of Rs. 24,00,000/- from the OPs.  If the amount of loan is taken into consideration viewed from this angle, the complaint is hit by Section 11(1) of the said Act.

As a result, the case is not admitted.