West Bengal

Paschim Midnapore

CC/144/2015

Sri Arnab Pain - Complainant(s)

Versus

The Branch Manager, UCO Bank - Opp.Party(s)

17 Aug 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

Bibekananda Pramanik, President,

Mrs. Debi Sengupta, Member

and 

Kapot Chattopadhyay, Member.

   

Complaint Case No. 144/2015

                                                        

             Sri Arnab Pain, S/o Sri Abanindra Pain, Vill.- Konnagar, P.O. & P.S. Ghatal,

             Dist- Paschim Medinipur                                   .……..….……Complainant.

                                                                              Vs.

             The Branch Manager, UCO Bank Ghatal Branch, Ghatal, Paschim Medinipur

                                                                                         ..………...........…..Opp. Party.

 

              For the Complainant: Mr.  Somashis Ponda, Advocate.

              For the O.P.               : Mr. Kalyan Kr. Roy, Advocate.

 

Decided on:17/08/2016

                               

ORDER

                          Bibekananda Pramanik, President – Facts of the case, in brief, is that the complainant is a business man and he is engaged in a rice purchase and sale business in the name and style as Tukai Enterprise within the jurisdiction of this Forum and for enlargement of his business, he availed a cash credit loan of Rs.5,00,000/-  from the opposite party –Bank under his business name as Tukai Enterprise on 16/11/2011. On that day for due repayment of the said cash credit loan, the complainant executed a mortgage agreement of his residential house and also executed hypothecation agreement of his business stocks in favour of the opposite party-bank. He also opened a loan account being no.06420510000441in the Op-Bank. According to the complainant he also obtained a Life

Contd……………P/2

 

 

 

( 2 )

 Insurance Policy being policy no.499482011 on 14/12/2011 as requested by the opposite party and the opposite party stood as an agent for opening of the said Life Insurance Policy

with a condition that the said policy shall remain in the custody of the opposite party as a collateral security for due repayment of the complainant’s aforesaid loan.  Complainant issued a cheque of Rs.15,825/- dated 14/12/2011 as payment of premium the said Life Insurance Policy to the opposite party. On 8/09/2014, the complainant has repaid all dues and other liabilities and also obtained a no dues certificate from the opposite party-bank but as an agent of opening of L.I.C.I policy,  the opposite party –bank has neglected his duties and care towards the complainant.  The complainant therefore submitted a representation before the opposite party for returning all the benefits in respect of the said L.I.C.I policy.  After receiving a demand letter sent by the complainant, opposite party returned a sum of Rs.15,824/- by cheque,  but he did not refund the benefits in respect of the said L.I.C.I policy.  Hence the complaint,  praying for directing the opposite party to pay Rs.5,00,000/- as damage for deficiency in service, a sum of Rs.1,00,000/- towards the physical strain and mental agony suffered by the complainant and cost of the case.

                  The opposite party-bank has contested this case by filling a written objection.

                  Denying and disputing the case of the complainant, it is the specific case of the opposite party that the present case is not maintainable, that this Forum has no jurisdiction to entertain this case, that the complainant has no right to file this present case, that the complainant has no cause of action and that the present case is barred by limitation.  It is also  the specific case of the opposite party that  the said L.I.C.I policy  was introduced on 28/05/2007 and that was withdrawn on 8/12/2013 and the complainant paid cheque of Rs.15,824/- towards the first installment of that policy to the opposite party with a request to pay the same to L.I.C.I., Ghatal Branch.  The complainant thereafter failed and neglected to pay any premium of that policy as a result thereof the said policy was lapsed.  Opposite party is not an agent of L.I.C.I but at the request of L.I.C.I., the opposite party revalidated the demand draft including the amount of Rs.15,824/- and ultimately due to non-payment of any further amount towards premium under the said policy, the plan of the same was declared “CD action” and cancelled by L.I.C.I.  It is stated that the said plan was withdrawn on 08/12/2013.  In such circumstances and by no stretch of imagination it can be said that there was any deficiency in service on the part of the opposite party.  It is further stated that the complainant has failed to pay the loan amount in spite of several demands, reminders and illegal steps and as the complainant is bound to

Contd……………P/3

 

 

 

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repay the loan amount to the opposite party, so he intentionally has filed this case before this Forum for taking revenge against the opposite party.  The opposite party therefore claims dismissal of the case.

                                                                 Point for decision

1. Is the case maintainable in it’s present form and prayer ?
2. Has this Forum jurisdiction to try this case?
3. Is the complainant a ‘consumer’ under the provision of Consumer Protection Act ,1986 ?
4. Is the complainant entitled to get the reliefs, as sought for ? 

                    

Decision with reasons

For the sake of convenience and brevity, all the above points are taken up together for consideration.

 

At the very outset, it is to be stated here that in this case neither the complainant nor the opposite party has adduced any sort of evidence, either oral or documentary but they have relied upon some documents, so filed by them. 

From the petition of complaint, it appears that it is none but the complainant has stated in paragraph-3 of his petition of complaint that he is a business man and he is engaged in rice purchase and sale business in the name and style as Tukai Enterprise and for enlargement of his business he availed cash credit loan of Rs.5,00,000/- from the opposite party-bank  under his business name as Tukai Enterprise on 16/11/2011 and for that purpose he obtained a Life Insurance Policy as requested by the opposite party for collateral security for due repayment of the aforesaid loan of the complainant’s business.  All disputes, as alleged, relate to the benefit of that L.I.C.I policy which was under the custody of the opposite party as collateral security.  It thus appears that admittedly the entire transaction of loan and depositing of the said L.I.C.I policy by the complainant before the opposite party-bank  is a business transaction and relief has been sought for in this case arises out of such commercial transaction. In view of that and in view of Section 2, 1(d) of the Consumer Protection Act 1986 the present complainant is not a ‘consumer’ as the entire transaction is a commercial in nature.  In that view of the matter, the present complaint is not maintainable before this Forum and as such the petition of complaint is liable to be dismissed.

  All the points are accordingly disposed of.

Contd……………P/4

 

 

( 4 )

 

                                                  Hence, it is,

                                                                          Ordered,

                                                                               that the complaint case no.144/2015  is hereby dismissed on contest but in the circumstances without cost.

                               Let plain copy of this order be given to the parties free of cost.

 

               Dictated & corrected by me

                               Sd/-                             Sd/-                        Sd/-                         Sd/-

                          President                       Member                 Member                 President

                                                                                                                        District Forum

                                                                                                                     Paschim Medinipur