Order no.2                Dated 20.01.2023

Ld. Advocate for the complainant is present and files Hazira. The case is taken up for admission hearing.

Perused. Considered. Heard Ld. Advocate for the complainant.

It is stated in the complaint that complainant runs his business for livelihood. On 18.11.2022 the complainant in order to make necessary payment to his client filled up RTGS form to transfer Rs.26,82,709/- (Rupees twenty six lakhs eighty two thousand seven hundred and nine) only in account no.89910200001788 of bank of Baroda, Surat Branch, IFSC code BARBOVJMSUR in the name of Shree Santosh Textile by issuing account payee cheque. The respondent no. 1 erroneously and wrongly transferred Rs. 26,82,709/- only to the account no.1602018122931079 to Utkarsh Small Finance Bank, IFSC code UTKS0001602. According to the complainant it is utterly deficiency of service on the part of the bank. Hence this case.

It is apparent on the face of the record that the complainant is not a consumer in terms of section 2(7) of the Consumer Protection Act, 2019. The transaction with the bank done by the complainant is fully for his business purpose.

Moreover, it is found from the filled up form annexed  to the complaint (running page no.14) the account no. is mentioned  1602018122931079 and IFSC code UTKS0001602 in the name of Shree Santosh Textile. This document suggests that the bank has disposed the amount in the account no. mentioned in the filled up form.

Therefore, it cannot be said that there is any deficiency on the part of the bank. There is no cause of action to file the case against the bank opposite party. Therefore, the instant case cannot be admitted.

Hence, it is

O R D E R E D

that the case be and the same is dismissed.