O R D E R

02.01.2017

S.K.SINHA, PRESIDENT

                   Complainant claims a sum of Rs. 40,00,000/- (Forty Lacs) being the loss sustained   on account of not giving No dues certificate even after repayment of the outstanding loan amount  of Rs.9,50,000/- as settled in National Lok Adalat on 14.02.2015 in the civil court campus Bhagalpur. The Opposite party did not return the original documents deposited in security of loan for its use in the business. On account of above in action on the part of the bank the complainant could not start two big projects namely the Corrugated Kraft Paper Boxes  and Arwa Rice Mill Project approved by BIADA as such the loss of Rs. 40,00000/- (Forty lakh) was sustained by the complainant.

                   Admittedly the alleged two projects did not commence as such  the claim of loss could not be validly ascertained.  In the other words  the claim  orf loss of Rs. 40,00,000/-  (Forty lakh) is unascertained   claim since turn over the project depends on various factors. Notwithstanding the above admittedly the business purpose under the project is a commercial venture for profit and that too not by means of self employment exclusively for the purposes of earning his livelihood. It would be appearing on perusal of the projects the same is involving more than fifty persons as such complainant cannot be held as consumer within the provision of Section 2(1)(d)(ii) of the Consumer Protection Act.

                   For the reasons and discussion above the complainant being not a consumer the complaint is not is not maintainable as such it is not admitted and dismissed at the admission stage.

                     ( Upendra Jha )                                         ( S.K. Sinha )

                       Member (M).                                               President.

Agam